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Full text of "Compilation of National Park Service Laws: 110th Congress"

I 21Mb 

L 44/2/2007- 2008 



COMPILATION 



OF 



NATIONAL PARK SERVICE LAWS 



110th CONGRESS 




January 2007 to December 2008 



UNITED STATES DEPARTMENT OF THE INTERIOR 
KENNETH L. SALAZAR, Secretary 

NATIONAL PARK SERVICE 
DANIEL N. WENK, Acting Director 



COMPILATION OF 

NATIONAL PARK SERVICE LAWS 

110™ CONGRESS 



January 2007 to December 2008 



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UNiVERSIIY OF GEORGIA 

SEP 2 3 2003 

LIBRARIES 
OEWSITOWT 



WASHINGTON: 2009 



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FOREWORD 

This compilation includes all laws enacted by the llO' Congress (2007-2008) 
that affect the National Park Service. We have included both park bills passed 
individually, as well as any legislation concerning national parks that was included 
in appropriations bills or in unrelated bills. In each case, we have noted in the index 
the specific section of the act where the language can be found. 

The text used for each public law is the same version as is found in the United 
States Statutes at Large. A line of stars in the text denotes omitted, extraneous 
material. 

In addition to the public laws, this compilation includes copies of any 
presidential proclamations and executive orders that affect the National Park 
Service. 

We appreciate the assistance of LaTonya Ward in compiling these laws. If you 
have any questions, please feel free to contact us. 

Donald J. Hellmann 
Acting Assistant Director 
Legislative and Congressional Affairs 



July, 2009 



Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/connpilationofnat110unse 



TABLE OF CONTENTS 



NATIONAL PARK SERVICE LAWS 2007-2008 
no"" Congress 



General Legislation: 

1. Concessions, Admin. Provisions, NPS, Title I, P.L. 110-161 88 

2. Energy independence and security, P. L. 1 10-140 41 

3. National Park Service Advisory Board, Admin. Provisions, NPS, Title I, P.L. 1 10-161. .88 

4. National Underground Railroad Network to Freedom program. Sec. 361, Subtitle G, 
Title III, P.L. 110-229 141 

5. Natural Resource Cooperative Agreements, 

Sec. 301, Subtitle A, Title III, P.L. 1 10-229 108 

6. Safe, Accountable, Flexible, Efficient Transportation Equity Act, P.L. 1 10-244 172 



IL Appropriations: 

1. Consolidated Appropriations Act for FY 2008, P.L. 1 10-161 83 

2. Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 

FY 2009, P.L. 110-329 180 

3. Continuing Appropriations Resolution, FY 2007, Sec. 2, P.L. 110-5 1 

4. Continuing Appropriations Act for FY 2008, Sec. 101, P.L. 110-92 17 

5. DOD Appropriations for FY 2008, P.L. 1 10-116 35 

6. Emergency supplemental appropriations for FY 2007, P.L. 1 10-28 9 



in. National Parks: 

1. Acadia, Sec. 314, Subtitle B, Title III, P.L. 110-229 115 

2. Channel Islands, Sec. 122, General Provisions, DOI, Title I, P.L. 110-161 93 

3. Denali: 

a) Sec. 129, General Provisions, DOI, Title I, P.L. 110-161 94 

b) Sec. 351, Subtitle F, Title III, P.L. 110-229 140 

4. Everglades: 

a) Title VI, P.L. 110-114 31 

b) Sec. 153, P.L. 110-329 182 

5. Glacier Bay, Sec. 134, General Provisions, DOI, Title I, P.L. 1 10-161 95 

6. Grand Canyon, Subtitle H, Title III, P.L. 1 10-229 142 

7. Grand Teton, P.L. 1 10-47 13 

8. Mesa Verde, Sec. 133, General Provisions, DOI, Title I, P.L. 1 10-161 95 

9. Yellowstone: 

a)Sec. 20516, Chapter 5, Sec. 2, P.L. 110-5 6 

b) Construction, NPS, Title I, P.L. 1 10-161 87 



IV. National Historical Parks: 

1. Lowell, Sec. 312, Title III, P.L. 110-229 109 



V. National Military and Battlefleld Parks: 

1. Richmond, Sec. 5149, Title IV, P.L. 110-114 30 

2. Shiloh, Sec. 127, General Provisions, DOI, P.L. 110-161 94 



VI. National Historic Sites: 

1. CarlSandburgHome, Sec. 311, Subtitle B, Title III, P.L. 110-229 109 

2. Minidoka, Sec. 313, Subtitles, Title III, P.L. 110-229 110 



VII. National Memorials and Memorial Parks 

1. Flight 93, Sec. 128, General Provisions, DOI, Title I, P.L. 110-161 94 

2. USS Arizona Memorial Museum and Visitor Center, Sec. 8118, P.L. 110-116 38 



VIII. National Monuments: 

1. StatueofLiberty, Sec. 337, Subtitle D, Title III, P.L. 110-229 135 



IX. National Seashores/Lakeshores: 

1. Gulf Island, Sec. 132, General Provisions, DOI, P.L. 110-161 95 



X. National Recreation Areas: 

1. Gateway, Sec. 8089, P.L. 1 10-1 16 37 



XI. National Parkways: 

1. George Washington Memorial, Sec. 5147, P.L. 1 10-1 14 30 



XII. National Capital Parks 

1. Disabled Veterans Memorial in the District of Columbia, P.L. 1 10-106 19 

2. Dwight D. Eisenhower Memorial, Sec. 332, Subtitle D, Title III, P.L. 1 10-229 122 

3. Francis Marion Commemorative Work, Sec. 331, Subtitle D, Title III, 

P.L. 110-229 121 

4. Martin Luther King, Jr. Memorial in Washington, D.C., Title III, P.L. 1 10-453 195 

5. National Capital Parks - East, Sec. 135, General Provisions, DOI, P.L. 1 10-161 96 



11 



XIII. National Trails System; 

1. Lewis and Clark: 

(a) Sec. 342, Subtitle E, Title III, P.L. 1 10-229 136 

(b) Sec. 343, Subtitle E, Title III, P.L. 110-229 137 

2. Potomac Heritage, Sec. 2847, Subtitle E, Title XXVIII, P.L. 1 10-417 192 

3. Star-Spangled Banner, Sec. 341, Subtitle E, Title III, P.L. 1 10-229 135 



XIV. National Heritage Areas: 

1. Abraham Lincoln, Subtitle C, Title IV, P.L. 1 10-229 158 

2. Abraham Lincoln Sites, KY (study), Sec. 482, Subtitle F, Title IV, P.L. 1 10-229 168 

3. America's Agricultural Heritage Partnership, 

Sec. 461, Subtitle E, Title IV, P.L. 1 10-229 164 

4. Augusta Canal, Sec. 461, Subtitle E, Title IV, P.L. 1 10-229 164 

5. Columbia-Pacific (study). Sec. 481, Subtitle F, Title IV, P.L. 110-229 167 

6. Essex, Sec. 461, Subtitle E, Title IV, P.L. 110-229 164 

7. Hudson River Valley, Sec. 461, Subtitle E, Title IV, P.L. 110-229 164 

8. Journey Through Hallowed Ground, Subtitle A, Title IV, P.L. 1 10-229 142 

9. National Coal, Sec. 461 and 471, Subtitle E, Title IV, P.L. 1 10-229 164, 165 

10. Niagara Falls, Subtitle B, Title IV, P.L. 1 10-229 149 

11. Ohio and Erie National Heritage Canalway, Sec. 461 and 474, Subtitle E, Title IV, 

P.L. 1 10-229 164, 166 

12. Rivers of Steel, Sec. 461 and 472, Subtitle E, Title IV, P.L. 1 10-229 164, 166 

13. SouthCarolina, Sec. 461 and 473, Subtitle E, Title IV, P.L. 110-229 166 

14. Tennessee Civil War Heritage Area, Sec. 461, Subtitle E, Title IV, P.L. 1 10-229 164 



XV. Wild and Scenic Rivers: 

1. Eightmile, Sec. 344, Title III, P.L. 110-229 137 



XVI. Miscellaneous Enactments: 

1. Cesar E. Chavez sites (study). Sec. 325, Subtitle C, Title III, P.L. 1 10-229 1 18 

2. Great Onyx, Harper's Ferry, and Oconaluftee Job Corps centers. Sec. 427, General 
Provisions, Title IV, P.L. 110-161 101 

3. Heritage Area Authorization Extensions and Viability, Subtitle D, Title IV, 

P.L. 110-229 164 

4. Hudson-Fulton-Champlain Quadricentennial Commemoration Commission, Sec. 334, 

Subtitle D, Title III, P.L. 110-229 127 

5. National Museum of the American Latino Study, Sec. 333, Subtitle D, Title III, 

P.L. 110-229 124 

6. National Parks Quarter Dollar Coin Act, P.L. 1 10-456 196 

7. National Park Service Advisory Board, Administrative Provisions, NPS, Title I, 

P.L. 110-161 88 



m 



8. Newtonia Civil War Battlefields, Missouri (study). Sec. 321, Subtitle C, Title III, 

P.L. 110-229 116 

9. New Jersey Coastal Heritage Trail Route, Sec. 475, Subtitle E, Title IV, 

P.L. 110-229 167 

10. Presidio Trust, Sec. 8089, Title VIII, P.L. 110-116 37 

11. Rim of the Valley Corridor (study). Sec. 327, Subtitle C, Title III, P.L. 1 10-229 120 

12. Roosevelt Campobello International Park Commission, P.L. 1 10-74 16 

13. Service First Authority, Sec. 147, Div. A, P.L. 110-329 182 

14. Soldiers' Memorial Military Museum, Missouri (study). 

Sec. 322, Subtitle C, Title III, P.L. 1 10-229 117 

15. Space Shuttle Columbia, Texas (study), Sec. 324, Subtitle C, Title III, 

P.L. 110-229 118 

16. Taunton, Massachusetts (study), Sec. 326, Title III, P.L. 110-229 119 

17. Wolf House, Arkansas (study), Sec. 323, Subtitle C, Title III, P.L. 1 10-229 117 



XVIII. Appendix II 
PROCLAMATIONS 



8112 
8327 



(2/28/07) 
(12/5/08) 



Amending Proclamation 8031 of June 15, 2006, To Read, "Establishment of 
the Papahanaumokuakea Marine National Monument" 202 

World War II Valor in the Pacific National Monument (includes USS 
Arizona Memorial) 203 



XVII. Appendix I 
EXECUTIVE ORDERS 

n /loo /I /I o/f\n\ Further Amendment to Executive Order 1 2866 on Regulatory Planning and 
13422 (1/18/07) ^^^.^^ 215 

1 '^AO'^ n n/L/()i\ Strengthening Federal Environmental, Energy, and Transportation 

Management 218 

"^494 n nf^l(\l\ P^^her Amendment to Executive Order 1 3285, Relating to the President's 

Council on Service and Civic Participation 223 

1 'XAif. n/f^/m\ Establishing a Commission on Care for America's Returning Wounded 

Warriors and a Task Force on Returning Global War on Terror Heroes. . . .224 

Cooperation Among Agencies in Protecting the Environment with Respect to 
13432 (5/14/07) Greenhouse Gas Emissions from Motor Vehicles, Non-road Vehicles, and 

Non-road Engines 227 

13443 (8/16/07) Facilitation of Hunting Heritage and Wildlife Conservation 230 

13445 (9/27/07) Strengthening Aduh Education 232 

iv 



13446 


(9/28/07) 


13449 


(10/20/07) 


13450 


(11/13/07) 


13457 


(1/29/08) 


13459 


(2/7/08) 


13463 


(4/18/08) 


13465 


(6/6/08) 


13471 


(8/28/08) 


13474 


(9/26/08) 



Continuance of Certain Federal Advisory Committees (Committee for the 
Preservation of the White House) 235 

Protection of Striped Bass and Red Drum Fish Populations 239 

Improving Government Program Performance 241 

Protecting American Taxpayers from Government Spending on Wasteful 
Earmarks 245 

Improving the Coordination and Effectiveness of Youth Programs 247 

Amending Executive Orders 13389 and 13390 (Extending Gulf Coast 
Recovery and Rebuilding Council and Post Hurricane Katrina Aid) 250 

Amending Executive Order 12989 (Electronic Employment Verification 
Systems for Federal Employees and Contractors) 25 1 

Further Amendments To Executive Order 13285, President's Council on 
Service and Civic Participation 254 

Amendments to Executive Order 1 2962 (Magnuson Fishery Conservation 
and Management Act (16 use 1801-1882) 255 



121 STAT. 8 



PUBLIC LAW 110-5— FEB. 15, 2007 



Public Law 110-5 
110th Congress 



Feb. 15, 2007 
[H.J. Res. 20] 



Revised 
Continuing 
Appropriations 
Resolution, 2007. 



120 Stat. 1311. 



Joint Resolution 



Meiking fiirther continuing appropriations for the fiscal year 2007, and for other 

purposes. 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this joint 
resolution may be cited as the "Revised Continuing Appropriations 
Resolution, 2007". 

Sec. 2. The Continuing Appropriations Resolution, 2007 (Public 
Law 109-289, division B), as amended by PubHc Laws 109-369 
and 109-383, is amended to read as follows: 

"DIVISION B— CONTINUING APPROPRIATIONS RESOLUTION, 

2007 

"The following sums are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the several 
departments, agencies, corporations, and other organizational units 
of Government for fiscal year 2007, and for other purposes, namely: 

"TITLE I— FULL- YEAR CONTINUING APPROPRIATIONS 

"Sec. 101. (a) Such amounts as may be necessary, at the 
level specified in subsection (c) and under the authority and condi- 
tions provided in the applicable appropriations Act for fiscal year 
2006, for projects or activities (including the costs of direct loans 
and loan guarantees) that are not otherwise provided for and for 
which appropriations, funds, or other authority were made available 
in the following appropriations Acts: 

"(1) The Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2006. 
"(2) The Energy and Water Development Appropriations 
Act, 2006. 

"(3) The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006. 

"(4) The Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2006. 

"(5) The Departments of Labor, Health and Human Serv- 
ices, and Education, and Related Agencies Appropriations Act, 
2006. 

"(6) The Legislative Branch Appropriations Act, 2006. 
"(7) The Military Quality of Life and Veterans Affairs 
Appropriations Act, 2006. 

"(8) The Science, State, Justice, Commerce, and Related 
Agencies Appropriations Act, 2006. 



PUBLIC LAW 110-5— FEB. 15, 2007 



121 STAT. 9 



"(9) The Transportation, Treasury, Housing and Urban 
Development, the Judiciary, the District of Columbia, and Inde- 
pendent Agencies Appropriations Act, 2006. 
"(b) For purposes of this division, the term 'level' means an 
amount. 

"(c) The level referred to in subsection (a) shall be the amounts 
appropriated in the appropriations Acts referred to in such sub- 
section, including transfers and obligation limitations, except that — 
"(1) such level shall not include any amount designated 
as an emergency requirement, or to be for overseas contingency 
operations, pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal 
year 2006; and 

"(2) such level shall be calculated without regard to any 
rescission or cancellation of funds or contract authority, other 
than — 

"(A) the 1 percent government-wide rescission made 
by section 3801 of division B of Public Law 109-148; 

"(B) the 0.476 percent across-the-board rescission made 
by section 439 of Public Law 109-54, relating to the Depart- 
ment of the Interior, environment, and related agencies; 
and 

"(C) the 0.28 percent across-the-board rescission made 
by section 638 of Public Law 109-108, relating to Science, 
State, Justice, Commerce, and related agencies. 
"Sec. 102. Appropriations made by section 101 shall be avail- 
able to the extent and in the manner that wotdd be provided 
by the pertinent appropriations Act. 

"Sec. 103. Appropriations provided by this division that, in 
the applicable appropriations Act for fiscal year 2006, carried a 
multiple-year or no-year period of availability shall retain a com- 
parable period of availability. 

"Sec. 104. Except as otherwise expressly provided in this divi- 
sion, the requirements, authorities, conditions, limitations, and 
other provisions of the appropriations Acts referred to in section 
101(a) shall continue in effect through the date specified in section 
106. 

"Sec. 105. No appropriation or funds made available or 
authority granted pursuant to section 101 shall be used to initiate 
or resume any project or activity for which appropriations, funds, 
or other authority were specifically prohibited during fiscal year 
2006. 

"Sec. 106. Unless otherwise provided for in this division or 
in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this division shall 
be available through September 30, 2007. 

"Sec. 107. Expenditures made pursuant to this division prior 
to the enactment of the Revised Continuing Appropriations Resolu- 
tion, 2007, shall be charged to the applicable appropriation, fund, 
or authorization provided by this division (or the applicable regiilar 
appropriations Act for fiscal year 2007) as in effect following such 
enactment. 

"Sec. 108. Funds appropriated by this division may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic Authori- 
ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela- 
tions Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 



42 use 12651i 
note. 



PUBLIC LAW 110-5— FEB. 15, 2007 



121 STAT. 11 



2007 based on the rates that were in effect for such employees 
as of the day before such first day. 

"(B) Subparagraph (A) is intended only to provide funding 
for pay increases for covered employees not described in paragraph 
(1). Nothing in subparagraph (A) shall be considered to modify, 
supersede, or render inapplicable the provisions of law in accordance 
with which the size or timing of any pay increase actually provided 
with respect to such employees is determined. 

"(b) Appropriations under this section shall include funding 
for pay periods beginning on or after January 1, 2007, and the 
pay costs covered by this appropriation shall include 50 percent 
of the increases in agency contributions for employee benefits 
resulting from the pay increases described in subsection (a). 

"(c) For purposes of this section, the term 'covered employees' 
means employees whose pay is funded in whole or in part (including 
on a reimbursable basis) by any account for which funds are pro- 
vided by this division (other than by chapters 2 and 11 of title 
II of this division) after October 4, 2006. 

"Sec. 112. Any language specifying an earmark in a committee 
report or statement of managers accompanying an appropriations 
Act for fiscal year 2006 shall have no legal effect with respect 
to funds appropriated by this division. 

"Sec. 113. Within 30 days of the enactment of this section, 
each of the following departments and agencies shall submit to 
the Committees on Appropriations of the House of Representatives 
and the Senate a spending, expenditure, or operating plan for 
fiscal year 2007 at a level of detail below the account level: 

"(1) Department of Agriculture. 

"(2) Department of Commerce, including the United States 
Patent and Trademark Office. 

"(3) Department of Defense, with respect to military 
construction, family housing, the IDepartment of Defense Base 
Closure accounts, and 'Defense Health Program'. 

"(4) Department of Education. 

"(5) Department of Energy. 

"(6) Department of Health and Human Services. 

"(7) Department of Housing and Urban Development. 

"(8) Department of the Interior. 

"(9) Department of Justice. 

"(10) Department of Labor. 

"(11) Department of State and United States Agency for 
International Development. 

"(12) Department of Transportation. 

"(13) Department of the Treasury. 

"(14) Department of Veterans Affairs, including 'Construc- 
tion, Major Projects'. 

"(15) National Aeronautics and Space Administration. 

"(16) National Science Foundation. 

"(17) The Judiciary. 

"(18) Office of National Drug Control PoHcy. 

"(19) General Services Administration. 

"(20) Office of Personnel Management. 

"(21) National Archives and Records Administration. 

"(22) Environmental Protection Agency. 

"(23) Indian Health Service. 

"(24) Smithsonian Institution. 

"(25) Social Security Administration. 



Earmarks. 



Deadline. 
Operating plan. 



121 STAT. 12 



PUBLIC LAW 110-5— FEB. 15, 2007 



Deadline. 
Reports. 



Pay raise. 
Cancellation. 
2 use 31 note. 



"(26) Corporation for National and Community Service. 
"(27) Corporation for Public Broadcasting. 
"(28) Food and Drug Administration. 
"Sec. 114. Within 15 days after the enactment of this section, 
the Director of the Office of Management and Budget shall submit 
to the Committees on Appropriations of the House of Representa- 
tives and the Senate — 

"(1) a report specifying, by account, the amounts provided 
by this division for executive branch departments and agencies; 
and 

"(2) a report specifying, by account, the amounts provided 
by section 111 for executive branch departments and agencies. 
"Sec. 115. Notv^dthstanding any other provision of this division 
and notwithstanding section 601(a)(2) of the Legislative Reorganiza- 
tion Act of 1946 (2 U.S.C. 31), the percentage adjustment scheduled 
to take effect under such section for 2007 shall not take effect. 



"TITLE II— ELIMINATION OF EARMARKS, ADJUSTMENTS IN 
FUNDING, AND OTHER PROVISIONS 



"CHAPTER 1— AGRICULTURE, RURAL DEVELOPMENT, 
FOOD AND DRUG ADMINISTRATION, AND RELATED 
AGENCIES 

"Sec. 20101. Notvirithstanding section 101, the level for each 
of the following accounts for Agricultural Programs of the Depart- 
ment of Agriculture shall be as follows: 'Common Computing 
Environment', $107,971,000; 'Economic Research Service', 
$74,825,000; 'National Agricultural Statistics Service', $146,543,000, 
of which up to $36,074,000 shall be available until expended for 
the Census of Agriculture; 'Agricultural Research Service, Buildings 
and Facilities', $0; 'Cooperative State Research, Education, and 
Extension Service, Research and Education Activities', 
$671,224,000; 'Cooperative State Research, Education, and Exten- 
sion Service, Extension Activities', $450,252,000; 'Animal and Plant 
Health Inspection Service, Salaries and Expenses', $841,970,000; 
'Agricultural Marketing Service, Payments to States and Posses- 
sions', $1,334,000; 'Grain Inspection, Packers and Stockyards 
Administration, Salaries and Expenses', $37,564,000; 'Food Safety 
and Inspection Service', $886,982,000; and 'Farm Service Agency, 
Salaries and Expenses', $1,028,700,000. 

"Sec. 20102. The amounts included under the heading 'Coopera- 
tive State Research, Education, and Extension Service, Research 
and Education Activities' in the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropria- 
tions Act, 2006 (Public Law 109-97) shall be applied to funds 
appropriated by this division as follows: by substituting 
'$322,597,000' for '$178,757,000'; by substituting '$30,008,000' for 
'$22,230,000'; by substituting 'for payments to eligible institutions 
(7 U.S.C. 3222), $40,680,000' for 'for payments to the 1890 land- 
grant colleges, including Tuskegee University and West Virginia 
State University (7 U.S.C. 3222), $37,591,000'; by substituting '$0' 
for '$128,223,000'; by substituting 'competitive grants for agricul- 
tural research on improved pest control' for 'special grants for 
agricultural research on improved pest control'; by substituting 
'$190,229,000' for '$183,000,000'; by substituting '$1,544,000' for 
'$1,039,000'; by substituting 'competitive grants for the purpose 



121 STAT. 26 PUBLIC LAW 110-5— FEB. 15, 2007 

this division: Provided, That such report shall include a comparison 
of amounts, by category of assistance, provided or intended to 
be provided from funds appropriated for fiscal years 2006 and 
2007, for each country and international organization. 

"Sec. 20414. The seventh proviso under the heading 'Bilateral 
Economic Assistance, Funds Appropriated to the President, United 
States Agency for International Development, Child Survival and 
Health Programs Fund' of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public 
Law 109-102) shall be applied to funds made available under 
this division by substituting 'The GAVI Fund' for 'The Vaccine 
Fund'. 

"Sec. 20415. Section 501(i) of H.R. 3425, as enacted into law 
by section 1000(a)(5) of division B of Public Law 106-113 (Appendix 
E, 113 Stat. 1501A-313), as amended by section 591(b) of division 
D of Pubhc Law 108-447 (118 Stat. 3037), shall apply to fiscal 
year 2007. 

"CHAPTER 5— DEPARTMENT OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES 

"Sec. 20501. Notwithstanding section 101, the level for each 
of the following accounts shall be as follows: 'Bureau of Land 
Management, Management of Lands and Resources', $862,632,000; 
'United States Fish and Wildlife Service, Resource Management', 
$1,009,037,000; 'National Park Service, Historic Preservation Fund', 
$55,663,000; 'United States Geological Survey, Surveys, Investiga- 
tions, and Research', $977,675,000; and 'Environmental Protection 
Agency, Hazardous Substance Superfund', $1,251,574,000. 

"Sec. 20502. Notwithstanding section 101, the level for 
'National Park Service, Operation of the National Park Service', 
shall be $1,758,415,000, of which not to exceed $5,000,000 may 
be transferred to the United States Park Police. 

"Sec. 20503. Notwithstanding section 101, under 'National Park 
Service, Construction', the designations under Public Law 109- 
54 of specific amounts and sources of funding for modified water 
deliveries and the national historic landmark shall not apply. 
16 use 460/-l0a "Sec. 20504. The contract authority provided for fiscal year 

note. 2007 under the Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 4601-lOa) is rescinded. 

"Sec. 20505. Notwithstanding section 101, the level for 'Bureau 
of Indian Affairs, Indian Land and Water Claim Settlements and 
Miscellaneous Payments to Indians', shall be $42,000,000 for pay- 
ments required for settlements approved by Congress or a court 
of competent jurisdiction. 

"Sec. 20506. Notwithstanding section 101, the 'Minerals 
Management Service, Royalty and Offshore Minerals Management' 
shall credit an amount not to exceed $128,730,000 under the same 
terms and conditions of the credit to said account as in Public 
Law 109-54. To the extent $128,730,000 in addition to receipts 
are not realized from sources of receipts stated above, the amount 
needed to reach $128,730,000 shall be credited to this appropriation 
from receipts resulting from rental rates for Outer Continental 
Shelf leases in effect before August 5, 1993. 

"Sec. 20507. Notvidthstanding section 101, within the amounts 
made available under 'Environmental Protection Agency, State and 
Tribal Assistance Grants', $1,083,817, 000, shall be for making 



PUBLIC LAW 110-5— FEB. 15, 2007 



121 STAT. 27 



capitalization grants for the Clean Water State Revolving Funds 
under title VI of the Federal Water Pollution Control Act, as 
amended, and no funds shall be available for making special project 
grants for the construction of drinking water, wastewater, and 
storm water infrastructure and for water quality protection in 
accordance with the terms and conditions specified for such grants 
in the joint explanatory statement of the mangers in Conference 
Report 109-188. 

"Sec. 20508. Notwithstanding section 101, for 'Forest Service, 
State and Private Forestry', the $1,000,000 specified in the second 
proviso and the $1,500,000 specified in the third proviso in Public 
Law 109-54 are not required. 

"Sec. 20509. Notwithstanding section 101, the level for 'Forest 
Service, National Forest System', shall be $1,445,646,000, except 
that the $5,000,000 specified as an additional regional allocation 
is not required. 

"Sec. 20510. Notwithstanding section 101, the level for 'Forest 
Service, Wildland Fire Management', shall be $1,816,091,000 of 
which the allocation provided for fire suppression operations shall 
be $741,477,000; the allocation for hazardous fuels reduction shall 
be $298,828,000; and other funding allocations and terms and condi- 
tions shall follow Public Law 109-54. 

"Sec. 20511. Notwithstanding section 101, of the level for 
'Forest Service, Capital Improvement and Maintenance', the 
$3,000,000 specified in the third proviso is not required. 

"Sec. 20512. Notwithstanding section 101, the level for 'Indian 
Health Service, Indian Health Services', shall be $2,817,099,000 
and the $15,000,000 allocation of funding under the eleventh proviso 
shall not be required. 

"Sec. 20513. Notwithstanding section 101, the level for 
'Smithsonian Institution, Salaries and Expenses' shall be 
$533,218,000, except that current terms and conditions shall not 
be interpreted to require a specific grant for the Council of American 
Overseas Research Centers or for the reopening of the Patent 
Office Building. 

"Sec. 20514. Notwithstanding section 101, no additional 
funding is made available by this division for fiscal year 2007 
based on the terms of section 134 and section 437 of Public Law 
109-54. 

"Sec. 20515. Notwithstanding section 101, the level for 'Bureau 
of Indian Affairs, Operation of Indian Programs' shall be 
$1,984,190,000, of which not less than $75,477,000 is for post- 
secondary education programs. 

"Sec. 20516. The rule referenced in section 126 of Public Law Regulations. 
109-54 shall continue in effect for the 2006-2007 winter use season. 

"Sec. 20517. Section 123 of Public Law 109-54 is amended 119 Stat. 524. 
by striking '9' in the first sentence and inserting '10'. 

"Sec. 20518. For fiscal year 2007, the Minerals Management 
Service may retain 3 percent of the amounts disbursed under section 
31(b)(1) of the Coastal Impact Assistance Program, authorized by 
section 31 of the Outer Continental Shelf Lands Act, as amended 
(43 U.S.C. 1456(a)), for administrative costs, to remain available 
until expended. 

"Sec. 20519. Of the funds made available in section 8098(b) Deadline. 
of Public Law 108-287, to construct a wildfire management training 
facility, $7,400,000 shall be transferred not later than 15 days 
after the date of the enactment of the Continuing Appropriations 



121 STAT. 28 



PUBLIC LAW 110-5— FEB. 15, 2007 



Resolution, 2007, to the "Forest Service, Wildland Fire Manage- 
ment" account and shall be available for hazardous fuels reduction, 
hazard mitigation, and rehabilitation activities of the Forest Service. 

"Sec. 20520. Section 337 of division E of Public Law 108- 
118 Stat. 3102. 447 is amended by striking '2006' and inserting '2007'. 

"Sec. 20521. No funds appropriated or otherwise made available 
to the Department of the Interior may be used, in relation to 
any proposal to store water for the purpose of export, for approval 
of any right-of-way or similar authorization on the Mojave National 
Preserve or lands managed by the Needles Field Office of the 
Bureau of Land Management or for carrying out any activities 
associated with such right-of-way or similar approval. 



Grants. 



"CHAPTER 6— DEPARTMENTS OF LABOR, HEALTH AND 
HUMAN SERVICES, AND EDUCATION, AND RELATED 
AGENCIES 

"Sec. 20601. (a)(1) Notwithstanding section 101, the level for 
'Employment and Training Administration, Training and Employ- 
ment Services' shall be $2,670,730,000 plus reimbursements. 
"(2) Of the amount provided in paragraph (1) — 

"(A) $1,672,810,000 shall be available for obligation for 
the period July 1, 2007, through June 30, 2008, of which: 
(i) $341,811,000 shall be for dislocated worker employment 
and training activities; (ii) $70,092,000 shall be for the dis- 
located workers assistance national reserve; (iii) $79,752,000 
shall be for migrant and seasonal farmworkers, including 
$74,302,000 for formula grants, $4,950,000 for migrant and 
seasonal housing (of which not less than 70 percent shall be 
for permanent housing), and $500,000 for other discretionary 
purposes; (iv) $878,538,000 shall be for Job Corps operations; 
(v) $14,700,000 shall be for carrying out pilots, demonstrations, 
and research activities authorized by section 171(d) of the 
Workforce Investment Act of 1998 ;(vi) $49,104,000 shall be 
for Responsible Reintegration of Youthful Offenders; (vii) 
$4,921,000 shall be for Evaluation; and (viii) not less than 
$1,000,000 shall be for carrying out the Women in Apprentice- 
ship and Nontraditional Occupations Act (29 U.S.C. 2501 et 
seq.); 

"(B) $990,000,000 shall be available for obligation for the 
period April 1, 2007, through June 30, 2008, for youth activities, 
of which $49,500,000 shall be available for the Youthbuild 
Program; and 

"(C) $7,920,000 shall be available for obligation for the 
period July 1, 2007, through June 30, 2010, for necessary 
expenses of construction, rehabilitation and acquisition of Job 
Corps centers. 

"(3) The Secretary of Labor shall award the following grants 
on a competitive basis: (A) Community College Initiative grants 
or Community-Based Job Training Grants awarded from amounts 
provided for such purpose under section 109 of this division and 
under the Department of Labor Appropriations Act, 2006; and (B) 
grants for job training for employment in high growth industries 
awarded during fiscal year 2007 under section 414(c) of the Amer- 
ican Competitiveness and Workforce Improvement Act of 1998. 
"(4) None of the funds made available in this division or any 
other Act shall be available to finalize or implement any proposed 



121 STAT. 60 PUBLIC LAW 110-5— FEB. 15, 2007 

"This division may be cited as the 'Continuing Appropriations 
Resolution, 2007'.". 

Approved February 15, 2007. 



LEGISLATIVE HISTORY — H.J. Res. 20: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 
Jan. 31, considered and passed House. 
Feb. 8, 13, 14, considered and passed Senate. 

o 



121 STAT. 112 



PUBLIC LAW 110-28— MAY 25, 2007 



Public Law 110-28 
110th Congress 



May 25, 2007 
[H.R. 2206] 



U.S. Troop 
Readiness, 
Veterans' Care, 
Katrina 
Recovery, 
and Iraq 
Accountability 
Appropriations 
Act, 2007. 



An Act 



Making emergency supplemental appropriations and additional supplemental appro- 
priations for agricultural and other emergency Eissistance for the fiscal year ending 
September 30, 2007, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "U.S. Troop Readiness, Veterans' 
Care, Katrina Recovery, and Iraq Accountabihty Appropriations 
Act, 2007". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

TITLE I— SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTER- 
NATIONAL AFFAIRS, AND OTHER SECURITY-RELATED NEEDS 

TITLE II— HURRICANE KATRINA RECOVERY 

TITLE III— ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOME- 
LAND SECURITY PROVISIONS 

TITLE IV— ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY 

TITLE V— OTHER EMERGENCY APPROPRIATIONS 

TITLE VI— OTHER MATTERS 

TITLE VII— ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH 
MATTERS 

TITLE VIII— FAIR MINIMUM WAGE AND TAX RELIEF 

TITLE IX— AGRICULTURAL ASSISTANCE 

TITLE X— GENERAL PROVISIONS 

SEC. 3. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the fiscal 
year ending September 30, 2007. 



121 STAT. 152 PUBLIC LAW 110-28— MAY 25, 2007 

TITLE IV— ADDITIONAL HURRICANE 
DISASTER RELIEF AND RECOVERY 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 
GENERAL PROVISION— THIS CHAPTER 

Sec. 4101. Section 1231(k)(2) of the Food Security Act of 1985 
(16 U.S.C. 3831(k)(2)) is amended by striking "During calendar 
year 2006, the" and inserting "The". 

CHAPTER 2 

DEPARTMENT OF JUSTICE 

Office of Justice Programs 

state and local law enforcement assistance 

For an additional amount for "State and Local Law Enforce- 
ment Assistance", for discretionary grants authorized by subpart 
2 of part E, of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 as in effect on September 30, 2006, notwith- 
standing the provisions of section 511 of said Act, $50,000,000, 
to remain available until expended: Provided, That the amount 
made available under this heading shall be for local law enforcement 
initiatives in the Gulf Coast region related to the aftermath of 
Hurricane Katrina: Provided further, That these funds shall be 
apportioned among the States in quotient to their level of violent 
crime as estimated by the Federal Bureau of Investigation's Uniform 
Crime Report for the year 2005. 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric Administration 

OPERATIONS, research, AND FACILITIES 

For an additional amount for "Operations, Research, and Facili- 
ties", for necessary expenses related to the consequences of Hurri- 
canes Katrina and Rita on the shrimp and fishing industries, 
$110,000,000, to remain available until September 30, 2008. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

EXPLORATION CAPABILITIES 

For an additional amount for "Exploration Capabilities" for 
necessary expenses related to the consequences of Hurricane 
Katrina, $20,000,000, to remain available until September 30, 2009. 

GENERAL PROVISIONS— THIS CHAPTER 

Sec 4201. Funds provided in this Act for the "Department 
of Commerce, National Oceanic and Atmospheric Administration, 
Operations, Research, and Facilities", shall be made available 



10 



PUBLIC LAW 110-28— MAY 25, 2007 121 STAT. 157 

CHAPTER 6 

DEPARTMENT OF THE INTERIOR 

National Park Service 

historic preservation fund 

For an additional amount for the "Historic Preservation Fund" 
for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season, $10,000,000, 
to remain available until September 30, 2008: Provided, That the 
funds provided under this heading shall be provided to the State 
Historic Preservation Officer, after consultation with the National 
Park Service, for grants for disaster relief in areas of Louisiana 
impacted by Hurricanes Katrina or Rita: Provided further, That 
grants shall be for the preservation, stabilization, rehabilitation, 
and repair of historic properties listed in or eligible for the National 
Register of Historic Places, for planning and technical assistance: 
Provided further, That grants shall only be available for areas 
that the President determines to be a major disaster under section 
102(2) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122(2)) due to Hurricanes Katrina or 
Rita: Provided further, That individual grants shall not be subject 
to a non-Federal matching requirement: Provided further. That 
no more than 5 percent of funds provided under this heading 
for disaster relief grants may be used for administrative expenses. 

GENERAL PROVISION— THIS CHAPTER 

(INCLUDING TRANSFER OF FUNDS) 

Sec. 4601. Of the disaster relief funds from Public Law 109- 
234, 120 Stat. 418, 461, (June 30, 2006), chapter 5, "National 
Park Service — Historic Preservation Fund", for necessary expenses 
related to the consequences of Hurricane Katrina and other hurri- 
canes of the 2005 season that were allocated to the State of Mis- 
sissippi by the National Park Service, $500,000 is hereby trans- 
ferred to the "National Park Service — National Recreation and 
Preservation" appropriation: Provided, That these funds may be 
used to reconstruct destroyed properties that at the time of destruc- 
tion were listed in the National Register of Historic Places and 
are otherwise qualified to receive these funds: Provided further, 
That the State Historic Preservation Officer certifies that, for the Certification, 
community where that destroyed property was located, the property 
is iconic to or essential to illustrating that community's historic 
identity, that no other property in that community with the same 
associative historic value has survived, and that sufficient historical 
documentation exists to ensure an accurate reproduction. 

CHAPTER 7 

DEPARTMENT OF EDUCATION 

Higher Education 

For an additional amount under part B of title VII of the 
Higher Education Act of 1965 ("HEA") for institutions of higher 



11 



121 STAT. 218 PUBLIC LAW 110-28— MAY 25, 2007 

SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM. 

For States in which there is a shortage of claims adjustors, 
as determined by the Secretary, the Secretary shall permit the 
use of one claims adjuster certified by the Secretary in carrying 
out 7 CFR 1437.401. 

SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT 
AND SEASONAL FARMWORKERS. 

There is hereby appropriated $16,000,000 to carry out section 
2281 of the Food, Agriculture, Conservation and Trade Act of 1990 
(42 U.S.C. 5177a), to remain available until expended. 

SEC. 9010. CONSERVATION SECURITY PROGRAM. 

Ante, p. 16. Section 20115 of Public Law 110-5 is amended by striking 

"section 726" and inserting in lieu thereof "section 726; section 
741". 

SEC. 9011. ADMINISTRATIVE EXPENSES. 

There is hereby appropriated $22,000,000 for the "Farm Service 
Agency, Salaries and Expenses", to remain available until Sep- 
tember 30, 2008. 

SEC. 9012. CONTRACT WAIVER. 

In carrying out crop disaster and livestock assistance in this 
title, the Secretary shall require forage producers to have partici- 
pated in a crop insurance pilot program or the Non-Insured Crop 
Disaster Assistance Program during the crop year for which com- 
pensation is received. 

TITLE X— GENERAL PROVISIONS 

Sec. 10001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 

Sec. 10002. Amounts in this Act (other than in titles VI and 
VIII) are designated as emergency requirements and necessary 
to meet emergency needs pursuant to subsections (a) and (b) of 
section 204 of S. Con. Res. 21 (110th Congress), the concurrent 
resolution on the budget for fiscal year 2008. 

Approved May 25, 2007. 



LEGISLATIVE HISTORY — H.R. 2206: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 
May 10, considered and passed House. 
May 15, 17, considered and passed Senate, amended. 

May 24, House concurred in Senate amendment with an amendment. Senate 
concurred in House amendment. 



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PUBLIC LAW 110-47— JULY 13, 2007 121 STAT. 241 



Public Law 110-47 
110th Congress 

An Act 

To modify the boundaries of Grand Teton National Park to include certain land July 13, 2007 

within the GT Park Subdivision, and for other purposes. fS 2771 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Grand Teton 

National Park 
SECTION 1. SHORT TITLE. Extention Act of 

2007 

This Act may be cited as the "Grand Teton National Park ^g use 406d-i 
Extension Act of 2007". note. 

SEC. 2. DEFINITIONS. 16 USC 406d-l 

In this Act: 

(1) Park. — The term "Park" means the Grand Teton 
National Park. 

(2) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(3) Subdivision. — The term "Subdivision" means the GT 
Park Subdivision, with an area of approximately 49.67 acres, 
as generally depicted on — 

(A) the plat recorded in the Office of the Teton County 
Clerk and Recorder on December 16, 1997, numbered 918, 
entitled "Final Plat GT Park Subdivision", and dated June 
18, 1997; and 

(B) the map entitled "2006 Proposed Grand Teton 
Boundary Adjustment", numbered 136/80,198, and dated 
March 21, 2006, which shall be on file and available for 
inspection in appropriate offices of the National Park 
Service. 

SEC. 3. ACQUISITION OF LAND. 16 USC 406d-l 

(a) In General. — The Secretary may accept from any willing 
donor the donation of any land or interest in land of the Subdivision. 

(b) Administration. — On acquisition of land or an interest 
in land under subsection (a), the Secretary shall — 

(1) include the land or interest in the boundaries of the 
Park; and 

(2) administer the land or interest as part of the Park, 
in accordance with all applicable laws (including regulations). 

(c) Deadline for Acquisition. — It is the intent of Congress 
that the acquisition of land or an interest in land under subsection 
(a) be completed not later than 1 year after the date of enactment 
of this Act. 

(d) Restriction on Transfer. — The Secretary shall not donate, 
sell, exchange, or otherwise transfer any land acquired under this 
section without express authorization from Congress. 



13 



121 STAT. 242 PUBLIC LAW 110-47-JULY 13, 2007 

16 use 406d-l SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR CENTER. 

(a) Findings. — Congress finds that — 

(1) Craig Thomas was raised on a ranch just outside of 
Cody, Wyoming, near Yellowstone National Park and Grand 
Teton National Park, where he — 

(A) began a lifelong association with those parks; and 

(B) developed a deep and abiding dedication to the 
values of the public land of the United States; 

(2) during his 18-year tenure in Congress, including service 
in both the Senate and the House of Representatives, Craig 
Thomas forged a distinguished legislative record on issues as 
diverse as public land management, agriculture, fiscal responsi- 
bility, and rural health care; 

(3) as Chairman and Ranking Member of the National 
Parks Subcommittee of the Committee on Energy and Natural 
Resources of the Senate and a frequent visitor to many units 
of the National Park System, including Yellowstone National 
Park and Grand Teton National Park, Craig Thomas was a 
strong proponent for ensuring that people of all ages and abili- 
ties had a wide range of opportunities to learn more about 
the natural and ciiltural heritage of the United States; 

(4) Craig Thomas authored legislation to provide critical 
funding and management reforms to protect units of the 
National Park System into the 21st century, ensuring quality 
visits to units of the National Park System and the protection 
of natural and cultural resources; 

(5) Craig Thomas strongly supported public-private part- 
nerships and collaboration between the National Park Service 
and other organizations that foster new opportunities for pro- 
viding visitor services while encouraging greater citizen involve- 
ment in the stewardship of units of the National Park System; 

(6) Craig Thomas was instrumental in obtaining the Fed- 
eral share for a public-private partnership with the Grand 
Teton National Park Foundation and the Grand Teton Natural 
History Association to construct a new discovery and visitor 
center at Grand Teton National Park; 

(7) on June 4, 2007, Craig Thomas passed away after 
battling cancer for 7 months; 

(8) Craig Thomas is survived by his wife, Susan, and chil- 
dren, Patrick, Greg, Peter, and Lexie; and 

(9) in memory of the distinguished career of service of 
Craig Thomas to the people of the United States, the dedication 
of Craig Thomas to units of the National Park System, gen- 
erally, and to Grand Teton National Park, specifically, and 
the critical role of Craig Thomas in the new discovery and 
visitor center at Grand Teton National Park, the Grand Teton 
Discovery and Visitor Center should be designated as the "Craig 
Thomas Discovery and Visitor Center". 

(b) The Craig Thomas Discovery and Visitor Center.— 

(1) Designation. — The Grand Teton Discovery and Visitor 
Center located in Moose, Wyoming, and scheduled for comple- 
tion in August 2007 shall be known and designated as the 
"Craig Thomas Discovery and Visitor Center". 

(2) Reference.— Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 



14 



PUBLIC LAW 110-47— JULY 13, 2007 121 STAT. 243 

Grand Teton Discovery and Visitor Center referred to in para- 
graph (1) shall be deemed to be a reference to the "Craig 
Thomas Discovery and Visitor Center". 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 16 USC 406d-l 

There are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this Act. 

Approved July 13, 2007. 



LEGISLATIVE HISTORY — S. 277 (H.R. 1080): 

HOUSE REPORTS: No. 110-127 accompanying H.R. 1080 (Comm. on Natural Re- 

sources) 
SENATE REPORTS: No. 110-16 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 

June 19, considered and passed Senate. 

June 27, considered and passed House. 



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INFORMATION 

GPO 




PUBLIC LAW 110-74— AUG. 9, 2007 121 STAT. 723 



Public Law 110-74 
110th Congress 

An Act 

To amend chapter 89 of title 5, United States Code, to make individuals employed . _ onnv 

by the Roosevelt Campobello International Park Commission eligible to obtain ^ — '. 

Federal health insurance. [S. 1099] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. HEALTH INSURANCE. 

Section 8901(1) of title 5, United States Code, is amended — 

(1) in subparagraph (H), by striking "and" at the end; 

(2) in subparagraph (I), by inserting "and" after the semi- 
colon; and 

(3) by inserting before the matter following subparagraph 
(I) the following: 

"(J) an individual who is employed by the Roosevelt 
Campobello International Park Commission and is a citizen 
of the United States,". 

Approved August 9, 2007. 



LEGISLATIVE HISTORY — S. 1099: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 
June 22, considered and passed Senate. 
July 30, considered and passed House. 

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INFORMATION 

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PUBLIC LAW 110-92— SEPT. 29, 2007 121 STAT. 989 



Public Law 110-92 
110th Congress 

Joint Resolution 

Making continuing appropriations for the fiscal year 2008, and for other purposes. — — '■ 

[H.J. Res. 52] 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the fol- 
lowing sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable cor- 
porate or other revenues, receipts, and funds, for the several depart- 
ments, agencies, corporations, and other organizational units of 
Government for fiscal year 2008, and for other purposes, namely: 

Sec. 101. Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for 
fiscal year 2007 and under the authority and conditions provided 
in such Acts, for continuing projects or activities (including the 
costs of direct loans and loan guarantees) that are not otherwise 
specifically provided for in this joint resolution, that were conducted 
in fiscal year 2007, and for which appropriations, funds, or other 
authority were made available in the following appropriations Acts: 

(1) The Department of Defense Appropriations Act, 2007 
(division A of Public Law 109-289). 

(2) The Department of Homeland Security Appropriations 
Act, 2007 (Public Law 109-295). 

(3) The Continuing Appropriations Resolution, 2007 (divi- 
sion B of Public Law 109-289, as amended by Public Law 
110-5). 

Sec. 102. (a) No appropriation or funds made available or 
authority granted pursuant to section 101 for the Department of 
Defense shall be used for: (1) the new production of items not 
funded for production in fiscal year 2007 or prior years; (2) the 
increase in production rates above those sustained with fiscal year 
2007 funds; or (3) the initiation, resumption, or continuation of 
any project, activity, operation, or organization (defined as any 
project, subproject, activity, budget activity, program element, and 
subprogram within a program element, and for any investment 
items defined as a P-1 line item in a budget activity within an 
appropriation account and an R-1 line item that includes a program 
element and subprogram element within an appropriation account) 
for which appropriations, funds, or other authority were not avail- 
able during fiscal year 2007. 

(b) No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense 
shall be used to initiate multi-year procurements utilizing advance 
procurement funding for economic order quantity procurement 
unless specifically appropriated later. 



17 



121 STAT. 998 PUBLIC LAW 110-92— SEPT. 29, 2007 

that the sacrifices of these members of the Armed Forces and 
civihan personnel deserve. 

Approved September 29, 2007. 



LEGISLATIVE HISTORY — H.J. Res. 52: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 
Sept. 26, considered and passed House. 
Sept. 27, considered and passed Senate. 

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121 STAT. 1022 PUBLIC LAW 110-106— OCT. 25, 2007 



Public Law 110-106 
110th Congress 

An Act 

n 9'i 90(17 ^° amend Public Law 106-348 to extend the authorization for estabhshing a memo- 

: — : rial in the District of Columbia or its environs to honor veterans who became 

[H.R. 995] disabled while serving in the Armed Forces of the United States. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

40 use 8903 SECTION 1. EXTENSION OF AUTHORITY FOR ESTABLISHING DISABLED 

note. VETERANS MEMORIAL. 

Public Law 106-348 is amended — 

(1) in subsection (b) — 

(A) by striking "The establishment" and inserting 
"Except as provided in subsection (e), the estabUshment"; 
and 

(B) by striking "the Commemorative Works Act (40 
U.S.C. 1001 et seq.)" and inserting "chapter 89 of title 
40, United States Code"; 

(2) in subsection (d) — 

(A) by striking "section 8(b) of the Commemorative 
Works Act (40 U.S.C. 1008(b))" and inserting "section 8906 
of title 40, United States Code"; 

(B) by striking "or upon expiration of the authority 
for the memorial under section 10(b) of such Act (40 U.S.C. 
1010(b)),"; and 

(C) by striking "section 8(b)(1) of such Act (40 U.S.C. 
1008(b)(1)" and inserting "8906(b)(2) or (3) of such title"; 
and 

(3) by adding at the end the following new subsection: 
"(e) Termination of Authority. — Notwithstanding section 

8903(e) of title 40, United States Code, the authority to establish 
a memorial under this section shall expire on October 24, 2015.". 

Approved October 25, 2007. 



LEGISLATIVE HISTORY — H.R. 995: 

SENATE REPORTS: No. 110-165 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 

Mar. 5, considered and passed House. 

Oct. 24, considered and passed Senate. 

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INFORMATION 



cpqxf 
PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1041 



Public Law 110-114 
110th Congress 

An Act 

To provide for the conservation and development of water and related resources, ^ q or nv 

to authorize the Secretary of the Army to construct various projects for improve- — — '. 

meats to rivers and harbors of the United States, and for other purposes. [H.R. 1495] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. Water Resources 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ^2007^'"^"* ^*^^ 

(a) Short Title.— This Act may be cited as the "Water goye^^mental 
Resources Development Act of 2007". relatiorS " 

(b) Table of Contents.— The table of contents for this Act 33 USC 2201 
is as follows: note. 

Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 

TITLE I— WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Small projects for flood damage reduction. 

Sec. 1003. Small projects for emergency streambank protection. 

Sec. 1004. Small projects for navigation. 

Sec. 1005. Small projects for improvement of the quality of the environment. 

Sec. 1006. Small projects for aquatic ecosystem restoration. 

Sec. 1007. Small projects for shoreline protection. 

Sec. 1008. Small projects for snagging and sediment removal. 

Sec. 1009. Small projects to prevent or mitigate damage caused by navigation 

projects. 

Sec. 1010. Small projects for aquatic plant control. 

TITLE II— GENERAL PROVISIONS 

Sec. 2001. Non-Federal contributions. 
Sec. 2002. Funding to process permits. 
Sec. 2003. Written agreement for water resources projects. 
Sec. 2004. Compilation of laws. 
Sec. 2005. Dredged material disposal. 
Sec. 2006. Remote and subsistence harbors. 
Sec. 2007. Use of other Federal fiinds. 

Sec. 2008. Revision of project partnership agreement; cost sharing. 
Sec. 2009. Expedited actions for emergency flood damage reduction. 
Sec. 2010. Watershed and river basin assessments. 
Sec. 2011. Tribal partnership program. 
Sec. 2012. Wildfire firefighting. 
Sec. 2013. Technical assistance. 
Sec. 2014. Lakes program. 
Sec. 2015. Cooperative agreements. 
Sec. 2016. Training funds. 
Sec. 2017. Access to water resource data. 
Sec. 2018. Shore protection projects. 
Sec. 2019. Ability to pay. 

Sec. 2020. Aquatic ecosystem and estuary restoration. 
Sec. 2021. Small flood damage reduction projects. 
Sec. 2022. Small river and harbor improvement projects. 

Sec. 2023. Protection of highways, bridge approaches, public works, and nonprofit 
public services. 



20 



121 STAT. 1042 PUBLIC LAW 110-114— NOV. 8, 2007 

Sec. 2024. Modification of projects for improvement of the quality of the environ- 
ment. 

Sec. 2025. Remediation of abandoned mine sites. 

Sec. 2026. Leasing authority. 

Sec. 2027. Fiscal transparency report. 

Sec. 2028. Support of Army civil works program. 

Sec. 2029. Sense of Congress on criteria for operation and maintenance of harbor 
dredging projects. 

Sec. 2030. Interagency and international support authority. 

Sec. 2031. Water resources principles and guidelines. 

Sec. 2032. Water resource priorities report. 

Sec. 2033. Planning. 

Sec. 2034. Independent peer review. 

Sec. 2035. Safety assurance review. 

Sec. 2036. Mitigation for fish and wildlife and wetlands losses. 

Sec. 2037. Regional sediment management. 

Sec. 2038. National shoreline erosion control development program. 

Sec. 2039. Monitoring ecosystem restoration. 

Sec. 2040. Electronic submission of permit applications. 

Sec. 2041. Project administration. 

Sec. 2042. Program administration. 

Sec. 2043. Studies and reports for water resources projects. 

Sec. 2044. Coordination and scheduling of Federal, State, and local actions. 

Sec. 2045. Project streamlining. 

Sec. 2046. Project deauthorization. 

Sec. 2047. Federal hopper dredges. 

TITLE III— PROJECT-RELATED PROVISIONS 

Sec. 3001. Black Warrior-Tombigbee Rivers, Alabama. 
Sec. 3002. Cook Inlet, Alaska. 
Sec. 3003. King Cove Harbor, Alaska. 
Sec. 3004. Seward Harbor, Alaska. 
Sec. 3005. Sitka, Alaska. 
Sec. 3006. Tatitlek, Alaska. 
Sec. 3007. Rio De Flag, Flagstaff, Arizona. 

Sec. 3008. Nogales Wash and tributaries flood control project, Arizona. 
Sec. 3009. Tucson drainage area, Arizona. 
Sec. 3010. Osceola Harbor, Arkansas. 

Sec. 3011. St. Francis River Basin, Arkansas and Missouri. 
Sec. 3012. Pine Mountain Dam, Arkansas. 

Sec. 3013. Red-Ouachita River Basin Levees, Arkansas and Louisiana. 
Sec. 3014. Cache Creek Basin, California. 
Sec. 3015. CALFED stability program, California. 
Sec. 3016. Compton Creek, California. 
Sec. 3017. Grayson Creek/Murderer's Creek, California. 
Sec. 3018. Hamilton Airfield, California. 

Sec. 3019. John F. Baldwin Ship Channel and Stockton Ship Channel, California. 
Sec. 3020. Kaweah River, California. 
Sec. 3021. Larkspur Ferry Channel, Larkspur, California. 
Sec. 3022. Llagas Creek, California. 
Sec. 3023. Magpie Creek, California. 
Sec. 3024. Pacific Flyway Center, Sacramento, California. 
Sec. 3025. Petaluma River, Petaluma, California. 
Sec. 3026. Pinole Creek, California. 
Sec. 3027. Prado Dam, California. 

Sec. 3028. Redwood City Navigation Channel, California. 
Sec. 3029. Sacramento and American Rivers flood control, California. 
Sec. 3030. Sacramento Deep Water Ship Channel, California. 
Sec. 3031. Sacramento River bank protection, California. 
Sec. 3032. Salton Sea restoration, California. 
Sec. 3033. Santa Ana River Mainstem, California. 
Sec. 3034. Santa Barbara Streams, Lower Mission Creek, California. 
Sec. 3035. Santa Cruz Harbor, California. 
Sec. 3036. Seven Oaks Dam, California. 
Sec. 3037. Upper Guadalupe River, California. 
Sec. 3038. Walnut Creek Channel, California. 
Sec. 3039. Wildcat/San Pablo Creek Phase I, California. 
Sec. 3040. WildcafSan Pablo Creek Phase II, California. 
Sec. 3041. Yuba River Basin project, California. 
Sec. 3042. South Platte River basin, Colorado. 

Sec. 3043. Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware 
and Maryland. 



21 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1043 

Sec. 3044. St. George's Bridge, Delaware. 
Sec. 3045. Brevard County, Florida. 
Sec. 3046. Broward County and Hillsboro Inlet, Florida. 
Sec. 3047. Canaveral Harbor, Florida. 
Sec. 3048. Gasparilla and Estero Islands, Florida. 
Sec. 3049. Lido Key Beach, Sarasota, Florida. 
Sec. 3050. Peanut Island, Florida. 
Sec. 3051. Port Sutton, Florida. 

Sec. 3052. Tampa Harbor-Big Bend Channel, Florida. 
Sec. 3053. Tampa Harbor Cut B, Florida. 
Sec. 3054. Allatoona Lake, Georgia. 
Sec. 3055. Latham River, Glynn County, Georgia. 
Sec. 3056. Dworshak Reservoir improvements, Idaho. 
Sec. 3057. Little Wood River, Gooding, Idaho. 

Sec. 3058. Beardstown Community Boat Harbor, Beardstown, Illinois. 
Sec. 3059. Cache River Levee, Illinois. 
Sec. 3060. Chicago River, Illinois. 

Sec. 3061. Chicago Sanitary and Ship Canal dispersal barriers project, Illinois. 
Sec. 3062. Emiquon, Illinois. 
Sec. 3063. Lasalle, Illinois. 
Sec. 3064. Spunky Bottoms, Illinois. 
Sec. 3065. Cedar Lake, Indiana. 
Sec. 3066. Koontz Lake, Indiana. 
Sec. 3067. White River, Indiana. 
Sec. 3068. Des Moines River and Greenbelt, Iowa. 
Sec. 3069. Peny Creek, Iowa. 
Sec. 3070. Rathbun Lake, Iowa. 
Sec. 3071. Hickman Bluff stabUization, Kentucky. 
Sec. 3072. Mcalpine Lock and Dam, Kentucky and Indiana. 
Sec. 3073. Prestonsburg, Kentucky. 

Sec. 3074. Amite River and tributaries, Louisiana, East Baton Rouge Parish Water- 
shed. 
Sec. 3075. Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3076. Atchafalaya Basin Floodway System, regional visitor center, Louisiana. 
Sec. 3077. Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana. 
Sec. 3078. Bayou Plaquemine, Louisiana. 
Sec. 3079. Calcasieu River and Pass, Louisiana. 
Sec. 3080. Red River (J. Bennett Johnston) Waterway, Louisiana. 
Sec. 3081. Mississippi Delta Region, Louisiana. 

Sec. 3082. Mississippi River-Gulf Outlet relocation assistance, Louisiana. 
Sec. 3083. Violet, Louisiana. 

Sec. 3084. West bank of the Mississippi River (East of Harvey Canal), Louisiana. 
Sec. 3085. Camp Ellis, Saco, Maine. 
Sec. 3086. Cumberland, Maryland. 
Sec. 3087. Poplar Island, Maryland. 
Sec. 3088. Detroit River shoreline, Detroit, Michigan. 
Sec. 3089. St. Clair River and Lake St. Clair, Michigan. 
Sec. 3090. St. Joseph Harbor, Michigan. 
Sec. 3091. Sault Sainte Marie, Michigan. 
Sec. 3092. Ada, Minnesota. 

Sec. 3093. Duluth Harbor, McQuade Road, Minnesota. 
Sec. 3094. Grand Marais, Minnesota. 
Sec. 3095. Grand Portage Harbor, Minnesota. 
Sec. 3096. Granite Falls, Minnesota. 
Sec. 3097. Knife River Harbor, Minnesota. 
Sec. 3098. Red Lake River, Minnesota. 
Sec. 3099. Silver Bay, Minnesota. 
Sec. 3100. Taconite Harbor, Minnesota. 
Sec. 3101. Two Harbors, Minnesota. 
Sec. 3102. Deer Island, Harrison County, Mississippi. 
Sec. 3103. Jackson County, Mississippi. 
Sec. 3104. Pearl River Basin, Mississippi. 
Sec. 3105. Festus and Crystal City, Missouri. 
Sec. 3106. L-15 levee, Missouri. 
Sec. 3107. Monarch-Chesterfield, Missouri. 
Sec. 3108. River Des Peres, Missouri. 
Sec. 3109. Lower Yellowstone project, Montana. 

Sec. 3110. Yellowstone River and tributaries, Montana and North Dakota. 
Sec. 3111. Antelope Creek, Lincoln, Nebraska. 
Sec. 3112. Sand Creek watershed, Wahoo, Nebraska. 
Sec. 3113. Western Sarpy and Clear Creek, Nebraska. 
Sec. 3114. Lower Truckee River, McCarran Ranch, Nevada. 



22 



121 STAT. 1044 PUBLIC LAW 110-114— NOV. 8, 2007 

Sec. 3115. Lower Cape May Meadows, Cape May Point, New Jersey. 

Sec. 3116. Passaic River basin flood management. New Jersey. 

Sec. 3117. Cooperative agreements, New Mexico. 

Sec. 3118. Middle Rio Grande restoration, New Mexico. 

Sec. 3119. Buffalo Harbor, New York. 

Sec. 3120. Long Island Sound oyster restoration, New York and Connecticut. 

Sec. 3121. Mamaroneck and Sheldrake Rivers watershed management, New York. 

Sec. 3122. Orchard Beach, Bronx, New York. 

Sec. 3123. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3124. New York State Canal System. 

Sec. 3125. Susquehanna River and Upper Delaware River watershed management, 

New York. 
Sec. 3126. Missouri River restoration. North Dakota. 
Sec. 3127. Wahpeton, North Dakota. 
Sec. 3128. Ohio. 

Sec. 3129. Lower Girard Lake Dam, Girard, Ohio. 
Sec. 3130. Mahoning River, Ohio. 
Sec. 3131. Arcadia Lake, Oklahoma. 
Sec. 3132. Arkansas River Corridor, Oklahoma. 
Sec. 3133. Lake Eufaula, Oklahoma. 

Sec. 3134. Oklahoma lakes demonstration program, Oklahoma. 
Sec. 3135. Ottawa County, Oklahoma. 

Sec. 3136. Red River chloride control, Oklahoma and Texas. 
Sec. 3137. Waurika Lake, Oklahoma. 

Sec. 3138. Upper Willamette River watershed ecosystem restoration, Oregon. 
Sec. 3139. Delaware River, Pennsylvania, New Jersey, and Delaware. 
Sec. 3140. Raystown Lake, Pennsylvania. 

Sec. 3141. Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsyl- 
vania. 
Sec. 3142. Solomon's Creek, Wilkes-Barre, Pennsylvania. 
Sec. 3143. South Central Pennsylvania. 
Sec. 3144. Wyoming Valley, Pennsylvania. 
Sec. 3145. Narragansett Bay, Rhode Island. 
Sec. 3146. Missouri River Restoration, South Dakota. 
Sec. 3147. Cedar Bayou, Texas. 
Sec. 3148. Freeport Harbor, Texas. 
Sec. 3149. Lake Kemp, Texas. 
Sec. 3150. Lower Rio Grande Basin, Texas. 
Sec. 3151. North Padre Island, Corpus Christi Bay, Texas. 
Sec. 3152. Pat Mayse Lake, Texas. 
Sec. 3153. Proctor Lake, Texas. 
Sec. 3154. San Antonio Channel, San Antonio, Texas. 
Sec. 3155. Connecticut River restoration, Vermont. 
Sec. 3156. Dam remediation, Vermont. 
Sec. 3157. Lake Champlain Eurasian milfoil, water chestnut, and other nonnative 

plant control, Vermont. 
Sec. 3158. Upper Connecticut River Basin wetland restoration, Vermont and New 

Hampshire. 
Sec. 3159. Upper Connecticut River basin ecosystem restoration, Vermont and New 

Hampshire. 
Sec. 3160. Lake Champlain watershed, Vermont and New York. 
Sec. 3161. Sandbridge Beach, Virginia Beach, Virginia. 
Sec. 3162. Tangier Island Seawall, Virginia. 
Sec. 3163. Duwamish/Green, Washington. 
Sec. 3164. McNary Lock and Dam, McNary National Wildlife Refuge, Washington 

and Idaho. 
Sec. 3165. Snake River project, Washington and Idaho. 
Sec. 3166. Yakima River, Port of Sunnyside, Washington. 
Sec. 3167. Bluestone Lake, Ohio River Basin, West Virginia. 
Sec. 3168. Greenbrier River basin, West Virginia. 
Sec. 3169. Lesage/Greenbottom Swamp, West Virginia. 
Sec. 3170. Lower Mud River, Milton, West Virginia. 
Sec. 3171. Mcdowell County, West Virginia. 
Sec. 3172. Parkersburg, West Virginia. 
Sec. 3173. Green Bay Harbor, Green Bay, Wisconsin. 
Sec. 3174. Manitowoc Harbor, Wisconsin. 
Sec. 3175. Mississippi River headwaters reservoirs. 
Sec. 3176. Upper basin of Missouri River. 

Sec. 3177. Upper Mississippi River System environmental management program. 
Sec. 3178. Upper Ohio River and IVibutaries navigation system new technology 

pilot program. 
Sec. 3179. Continuation of project authorizations. 



23 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1045 

ect reauthorizations. 

„^„*. - .„ject deauthorizations. 

Sec. 3182. Land conveyances. 

Sec. 3183. Extinguishment of reversionary interests and 



Sec. 3180. Project reauthorizations. 
Sec. 3181. Project deauthorizations. 



use restrictions. 
TITLE IV— STUDIES 

Sec. 4001. John Glenn Great Lakes Basin Program. 
Sec. 4002. Lake Erie dredged material disposal sites. 
Sec. 4003. Southwestern United States drought study. 
Sec. 4004. Delaware River. 
Sec. 4005. Eurasian milfoil. 
Sec. 4006. Fire Island, Alaska. 
Sec. 4007. Knik Arm, Cook Inlet, Alaska. 
Sec. 4008. Kuskokwim River, Alaska. 
Sec. 4009. Nome Harbor, Alaska. 
Sec. 4010. St. George Harbor, Alaska. 
Sec. 4011. Susitna River, Alaska. 
Sec. 4012. Valdez, Alaska. 
Sec. 4013. Gila Bend, Maricopa, Arizona. 
Sec. 4014. Searcy County, Arkansas. 
Sec. 4015. Aliso Creek, California. 
Sec. 4016. Fresno, Kings, and Kern counties, California. 
Sec. 4017. Fruitvale Avenue Railroad Bridge, Alameda, California. 
Sec. 4018. Los Angeles River revitalization study, California. 
Sec. 4019. Ljrtle Creek, Rialto, California. 
Sec. 4020. Mokelumne River, San Joaquin County, California. 
Sec. 4021. Orick, California. 
Sec. 4022. Shoreline study, Oceanside, California. 
Sec. 4023. Rialto, Fontana, and Colton, California. 
Sec. 4024. Sacramento River, California. 
Sec. 4025. San Diego County, California. 

Sec. 4026. San Francisco Bay, Sacramento-San Joaquin Delta, California. 
Sec. 4027. South San Francisco Bay Shoreline, California. 
Sec. 4028. Twentynine Palms, California. 
Sec. 4029. Yucca Valley, California. 
Sec. 4030. Selenium studies, Colorado. 

Sec. 4031. Delaware and Christina Rivers and Shellpot Creek, Wilmington, Dela- 
ware. 
Sec. 4032. Delaware inland bays and tributaries and Atlantic coast, Delaware. 
Sec. 4033. Collier County Beaches, Florida. 
Sec. 4034. Lower St. Johns River, Florida. 

Sec. 4035. Herbert Hoover Dike supplemental major rehabilitation report, Florida. 
Sec. 4036. Vanderbilt Beach Lagoon, Florida. 
Sec. 4037. Meriwether County, Georgia. 
Sec. 4038. Boise River, Idaho. 
Sec. 4039. Ballard's Island Side Channel, Illinois. 
Sec. 4040. Chicago, Illinois. 
Sec. 4041. Salem, Indiana. 
Sec. 4042. Buckhom Lake, Kentucky. 
Sec. 4043. Dewey Lake, Kentucky. 
Sec. 4044. Louisville, Kentucky. 
Sec. 4045. Vidalia Port, Louisiana. 

Sec. 4046. Fall River Harbor, Massachusetts and Rhode Island. 
Sec. 4047. Clinton River, Michigan. 

Sec. 4048. Hamburg and Green Oak Townships, Michigan. 
Sec. 4049. Lake Erie at Luna Pier, Michigan. 
Sec. 4050. Duluth-Superior Harbor, Minnesota and Wisconsin. 
Sec. 4051. Northeast Mississippi. 
Sec. 4052. Dredged material disposal, New Jersey. 
Sec. 4053. Bayonne, New Jersey. 
Sec. 4054. Carteret, New Jersey. 
Sec. 4055. Gloucester County, New Jersey. 
Sec. 4056. Perth Amboy, New Jersey. 
Sec. 4057. Batavia, New York. 
Sec. 4058. Big Sister Creek, Evans, New York. 
Sec. 4059. Finger Lakes, New York. 
Sec. 4060. Lake Erie Shoreline, Buffalo, New York. 
Sec. 4061. Newtown Creek, New York. 
Sec. 4062. Niagara River, New York. 
Sec. 4063. Shore Parkway Greenway, Brooklyn, New York. 
Sec. 4064. Upper Delaware River watershed, New York. 



24 



121 STAT. 1046 PUBLIC LAW 110-114— NOV. 8, 2007 

Sec. 4065. Lincoln County, North Carolina. 
Sec. 4066. Wilkes County, North Carolina. 
Sec. 4067. Yadkinville, North Carolina. 
Sec. 4068. Flood damage reduction, Ohio. 
Sec. 4069. Lake Erie, Ohio. 
Sec. 4070. Ohio River, Ohio. 

Sec. 4071. Toledo Harbor dredged material placement, Toledo, Ohio. 
Sec. 4072. Toledo Harbor, Maumee River, and Lake Channel project, Toledo, Ohio. 
Sec. 4073. Ecosystem restoration and fish passage improvements, Oregon. 
Sec. 4074. Walla Walla River basin, Oregon. 
Sec. 4075. Chartiers Creek watershed, Pennsylvania. 
Sec. 4076. Kinzua Dam and Allegheny Reservoir, Pennsylvania. 
Sec. 4077. Western Pennsylvania flood damage reduction. 
Sec. 4078. Williamsport, Pennsylvania. 
Sec. 4079. Yardley Borough, Pennsylvania. 
Sec. 4080. Rio Valenciano, Juncos, Puerto Rico. 

Sec. 4081. Woonsocket local protection project, Blackstone River basin, Rhode Is- 
land. 
Sec. 4082. Crooked Creek, Bennettsville, South Carolina. 
Sec. 4083. Broad River, York County, South Carolina. 
Sec. 4084. Savannah River, South Carolina and Georgia. 
Sec. 4085. Chattanooga, Tennessee. 
Sec. 4086. Cleveland, Tennessee. 
Sec. 4087. Cumberland River, Nashville, Tennessee. 
Sec. 4088. Lewis, Lawrence, and Wajrae Counties, Tennessee. 
Sec. 4089. Wolf River and Nonconnah Creek, Memphis, Tennessee. 
Sec. 4090. Abilene, Texas. 

Sec. 4091. Coastal Texas ecosystem protection and restoration, Texas. 
Sec. 4092. Port of Galveston, Texas. 
Sec. 4093. Grand County and Moab, Utah. 
Sec. 4094. Southwestern Utah. 

Sec. 4095. Ecosystem and hydropower generation dams, Vermont. 
Sec. 4096. Elliott Bay Seawall, Seattle, Washington. 
Sec. 4097. Monongahela River Basin, Northern West Virginia. 
Sec. 4098. Kenosha Harbor, Wisconsin. 
Sec. 4099. Johnsonville Dam, Johnsonville, Wisconsin. 
Sec. 4100. Wauwatosa, Wisconsin. 
Sec. 4101. Debris removal. 

TITLE V— MISCELLANEOUS 

Sec. 5001. Maintenance of navigation channels. 

Sec. 5002. Watershed management. 

Sec. 5003. Dam safety. 

Sec. 5004. Structural integrity evaluations. 

Sec. 5005. Flood mitigation priority areas. 

Sec. 5006. Additional assistance for authorized projects. 

Sec. 5007. Expedited completion of reports and construction for certain projects. 

Sec. 5008. Expedited completion of reports for certain projects. 

Sec. 5009. Southeastern water resources assessment. 

Sec. 5010. Missouri and Middle Mississippi Rivers enhancement project. 

Sec. 5011. Great Lakes fishery and ecosystem restoration program. 

Sec. 5012. Great Lakes remedial action plans and sediment remediation. 

Sec. 5013. Great Lakes tributary models. 

Sec. 5014. Great Lakes navigation and protection. 

Sec. 5015. Saint Lawrence Seaway. 

Sec. 5016. Upper Mississippi River dispersal barrier project. 

Sec. 5017. Estuary restoration. 

Sec. 5018. Missouri River and tributaries, mitigation, recovery, and restoration, 
Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Da- 
kota, and Wyoming. 

Sec. 5019. Susquehanna, Delaware, and Potomac River basins, Delaware, Mary- 
land, Pennsylvania, and Virginia. 

Sec. 5020. Chesapeake Bay environmental restoration and protection program. 

Sec. 5021. Chesapeake Bay oyster restoration, Virginia and Maryland. 

Sec. 5022. H3rpoxia assessment. 

Sec. 5023. Potomac River watershed assessment and tributary strategy evaluation 
and monitoring program. 

Sec. 5024. Lock and dam security. 

Sec. 5025. Research and development program for Columbia and Snake River salm- 
on survival. 

Sec. 5026. Wage surveys. 



25 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1047 

Sec. 5027. Rehabilitation. 

Sec. 5028. Auburn, Alabama. 

Sec. 5029. Pinhook Creek, Huntsville, Alabama. 

Sec. 5030. Alaska. 

Sec. 5031. Barrow, Alaska. 

Sec. 5032. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5034. Tanana River, Alaska. 

Sec. 5035. Wrangell Harbor, Alaska. 

Sec. 5036. Augusta and Clarendon, Arkansas. 

Sec. 5037. Des Arc levee protection, Arkansas. 

Sec. 5038. Loomis Landing, Arkansas. 

Sec. 5039. California. 

Sec. 5040. Calaveras River and Littlejohn Creek and tributaries, Stockton, Cali- 
fornia. 

Sec. 5041. Cambria, California. 

Sec. 5042. Contra Costa Canal, Oakley and Knightsen, California; Mallard Slough, 
Pittsburg, California. 

Sec. 5043. Dana Point Harbor, California. 

Sec. 5044. East San Joaquin County, California. 

Sec. 5045. Eastern Santa Clara basin, California. 

Sec. 5046. LA-3 dredged material ocean disposal site designation, California. 

Sec. 5047. Lancaster, California. 

Sec. 5048. Los Osos, California. 

Sec. 5049. Pine Flat Dam fish and wildlife habitat, California. 

Sec. 5050. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, Cali- 
fornia. 

Sec. 5051. San Francisco, California. 

Sec. 5052. San Francisco, California, waterfront area. 

Sec. 5053. San Pablo Bay, California, watershed and Suisun Marsh ecosystem res- 
toration. 

Sec. 5054. St. Helena, California. 

Sec. 5055. Upper Calaveras River, Stockton, California. 

Sec. 5056. Rio Grande environmental management program, Colorado, New Mex- 
ico, and Texas. 

Sec. 5057. Charles Hervey Townshend Breakwater, New Haven Harbor, Con- 
necticut. 

Sec. 5058. Stamford, Connecticut. 

Sec. 5059. Delmarva conservation corridor, Delaware, Maryland, and Virginia. 

Sec. 5060. Anacostia River, District of Columbia and Maryland. 

Sec. 5061. East Central and Northeast Florida. 

Sec. 5062. Florida Keys water quality improvements. 

Sec. 5063. Lake Worth, Florida. 

Sec. 5064. Big Creek, Georgia, watershed management and restoration program. 

Sec. 5065. Metropolitan North Georgia Water Planning District. 

Sec. 5066. Savannah, Georgia. 

Sec. 5067. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. 

Sec. 5068. Riley Creek Recreation Area, Idaho. 

Sec. 5069. Floodplain mapping. Little Calumet River, Chicago, Illinois. 

Sec. 5070. Reconstruction of Illinois and Missouri flood protection projects. 

Sec. 5071. Illinois River basin restoration. 

Sec. 5072. Promontory Point third-party review, Chicago shoreline, Chicago, Illi- 
nois. 

Sec. 5073. Kaskaskia River basin, Illinois, restoration. 

Sec. 5074. Southwest Illinois. 

Sec. 5075. Calumet region, Indiana. 

Sec. 5076. Floodplain mapping, Missouri River, Iowa. 

Sec. 5077. Paducah, Kentucky. 

Sec. 5078. Southern and eastern Kentucky. 

Sec. 5079. Winchester, Kentucky. 

Sec. 5080. Baton Rouge, Louisiana. 

Sec. 5081. Calcasieu Ship Channel, Louisiana. 

Sec. 5082. East Atchafalaya basin and Amite River basin region, Louisiana. 

Sec. 5083. Inner Harbor Navigation Canal Lock project, Louisiana. 

Sec. 5084. Lake Pontchartrain, Louisiana. 

Sec. 5085. Southeast Louisiana region, Louisiana. 

Sec. 5086. West Baton Rouge Parish, Louisiana. 

Sec. 5087. Charlestown, Maryland. 

Sec. 5088. St. Mary's River, Maryland. 

Sec. 5089. Massachusetts dredged material disposal sites. 

Sec. 5090. Ontonagon Harbor, Michigan. 

Sec. 5091. Crookston, Minnesota. 



26 



121 STAT. 1048 PUBLIC LAW 110-114— NOV. 8, 2007 

Sec. 5092. Garrison and Kathio Township, Minnesota. 

Sec. 5093. Itasca County, Minnesota. 

Sec. 5094. Minneapolis, Minnesota. 

Sec. 5095. Northeastern Minnesota. 

Sec. 5096. Wild Rice River, Minnesota. 

Sec. 5097. Mississippi. 

Sec. 5098. Harrison, Hancock, and Jackson Counties, Mississippi. 

Sec. 5099. Mississippi River, Missouri and Illinois. 

Sec. 5100. St. Louis, Missouri. 

Sec. 5101. St. Louis Regional Greenways, St. Louis, Missouri. 

Sec. 5102. Missoula, Montana. 

Sec. 5103. St. Mary project. Glacier County, Montana. 

Sec. 5104. Lower Platte River watershed restoration, Nebraska. 

Sec. 5105. Hackensack Meadowlands area. New Jersey. 

Sec. 5106. Atlantic Coast of New York. 

Sec. 5107. College Point, New York City, New York. 

Sec. 5108. Flushing Bay and Creek, New York City, New York. 

Sec. 5109. Hudson River, New York. 

Sec. 5110. Mount Morris Dam, New York. 

Sec. 5111. North Hempstead and Glen Cove North Shore watershed restoration, 

New York. 
Sec. 5112. Rochester, New York. 
Sec. 5113. North Carolina. 
Sec. 5114. Stanly County, North Carolina. 
Sec. 5115. John H. Kerr Dam and Reservoir, North Carolina. 
Sec. 5116. Cincinnati, Ohio. 

Sec. 5117. Ohio River basin environmental management. 
Sec. 5118. Toussaint River navigation project, Carroll Township, Ohio. 
Sec. 5119. Statewide comprehensive water planning, Oklahoma. 
Sec. 5120. Fern Ridge Dam, Oregon. 
Sec. 5121. Allegheny County, Pennsylvania. 
Sec. 5122. Clinton County, Pennsylvania. 
Sec. 5123. Kehly Run Dams, Pennsylvania. 
Sec. 5124. Lehigh River, Lehigh County, Pennsylvania. 
Sec. 5125. Northeast Pennsylvania. 

Sec. 5126. Upper Susquehanna River basin, Pennsylvania and New York. 
Sec. 5127. Cano Martin Pena, San Juan, Puerto Rico. 
Sec. 5128. Lakes Marion and Moultrie, South Carolina. 
Sec. 5129. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial 

wildlife habitat restoration, South Dakota. 
Sec. 5130. East Tennessee. 
Sec. 5131. Fritz Landing, Tennessee. 
Sec. 5132. J. Percy Priest Dam and Reservoir, Tennessee. 
Sec. 5133. Nashville, Tennessee. 
Sec. 5134. Nonconnah Weir, Memphis, Tennessee. 
Sec. 5135. Tennessee River partnership. 
Sec. 5136. Town Creek, Lenoir City, Tennessee. 

Sec. 5137. Upper Mississippi embayment, Tennessee, Arkansas, and Mississippi. 
Sec. 5138. Texas. 

Sec. 5139. Bosque River watershed, Texas. 
Sec. 5140. Dallas County region, Texas. 
Sec. 5141. Dallas Floodway, Dallas, Texas. 
Sec. 5142. Harris County, Texas. 
Sec. 5143. Johnson Creek, Arlington, Texas. 
Sec. 5144. Onion Creek, Texas. 
Sec. 5145. Connecticut River dams, Vermont. 
Sec. 5146. Lake Champleun Canal, Vermont and New York. 
Sec. 5147. Dyke Marsh, Fairfax County, Virginia. 
Sec. 5148. Eastern Shore and Southwest Virginia. 
Sec. 5149. James River, Virginia. 
Sec. 5150. Baker Bay and Ilwaco Harbor, Washington. 
Sec. 5151. Hamilton Island campground, Washington. 
Sec. 5152. Erosion control, Puget Island, Wahkiakum County, Washington. 
Sec. 5153. Willapa Bay, Washington. 
Sec. 5154. West Virginia and Pennsylvania flood control. 
Sec. 5155. Central West Virginia. 
Sec. 5156. Southern West Virginia. 

Sec. 5157. Construction of flood control projects by non-Federal interests. 
Sec. 5158. Additional assistance for critical projects. 

TITLE VI— FLORIDA EVERGLADES 
Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. 



27 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1049 

Sec. 6002. Pilot projects. 

Sec. 6003. Maximum costs. 

Sec. 6004. Credit. 

Sec. 6005. Outreach and assistance. 

Sec. 6006. Critical restoration projects. 

Sec. 6007. Regional engineering model for environmental restoration. 

TITLE VII— LOUISIANA COASTAL AREA 

Sec. 7001. Definitions. 

Sec. 7002. Comprehensive plan. 

Sec. 7003. Louisiana coastal area. 

Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task Force. 

Sec. 7005. Project modifications. 

Sec. 7006. Construction. 

Sec. 7007. Non-Federal cost share. 

Sec. 7008. Project justification. 

Sec. 7009. Independent review. 

Sec. 7010. Expedited reports. 

Sec. 7011. Reporting. 

Sec. 7012. New Orleans and vicinity. 

Sec. 7013. Mississippi River-Gulf Outlet. 

Sec. 7014. Hurricane and storm damage reduction. 

Sec. 7015. Larose to Golden Meadow. 

Sec. 7016. Lower Jeiferson Parish, Louisiana. 

TITLE VIII— UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM 

Sec. 8001. Definitions. 

Sec. 8002. Navigation improvements and restoration. 

Sec. 8003. Authorization of construction of navigation improvements. 

Sec. 8004. Ecosystem restoration authorization. 

Sec. 8005. Comparable progress. 

TITLE IX— NATIONAL LEVEE SAFETY PROGRAM 

Sec. 9001. Short title. 

Sec. 9002. Definitions. 

Sec. 9003. Committee on Levee Safety. 

Sec. 9004. Inventory and inspection of levees. 

Sec. 9005. Limitations on statutory construction. 

Sec. 9006. Authorization of appropriations. 

SEC. 2. DEFINITION OF SECRETARY. 33 USC 2201 

In this Act, the term "Secretary" means the Secretary of the 
Army. 

TITLE I^WATER RESOURCES studies 

PROJECTS 

SEC. 1001. PROJECT AUTHORIZATIONS. 

Except as otherwise provided in this section, the following 
projects for water resources development and conservation and other 
purposes are authorized to be carried out by the Secretary substan- 
tially in accordance with the plans, and subject to the conditions, 
described in the respective reports designated in this section: 

(1) Haines, alaska. — The project for navigation, Haines, 
Alaska: Report of the Chief of Engineers dated December 20, 
2004, at a total cost of $14,040,000, with an estimated Federal 
cost of $11,232,000 and an estimated non-Federal cost of 
$2,808,000. 

(2) Port lions, alaska.— The project for navigation. Port 
Lions, Alaska: Report of the Chief of Engineers dated June 
14, 2006, at a total cost of $9,530,000, with an estimated 
Federal cost of $7,624,000 and an estimated non-Federal cost 
of $1,906,000. 



28 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1189 

(B) permits issued or required to be issued with respect 
to debris handling, transportation, storage, or disposal; and 

(C) administrative actions relating to debris removal 
and disposal in the disaster areas described in paragraph 
(1). 

(b) Report. — Not later than 120 days after the date of enact- 
ment of this Act, the Comptroller General, in consultation with 
the Secretary and the Administrator, shall submit to the Committee 
on the Environment and Public Works of the Senate and the Com- 
mittee on Transportation and Infrastructure of the House of Rep- 
resentatives a report that — 

(1) describes the findings of the Comptroller General with 
respect to the evaluation under subsection (a); 

(2)(A) certifies compliance with all applicable environ- 
mental laws; and 

(B) identifies any area in which a violation of such a 
law has occurred or is occurring; 

(3) includes recommendations to ensure — 

(A) the protection of the environment; 

(B) sustainable practices; and 

(C) the integrity of hurricane and flood protection infra- 
structure relating to debris disposal practices; 

(4) contains an enforcement plan that is designed to prevent 
illegal dumping of hurricane debris in a disaster area; and 

(5) contains plans of the Secretary and the Administrator 
to involve the public and non-Federal interests, including 
through the formation of a Federal advisory committee, as 
necessary, to seek public comment relating to the removal, 
disposal, and planning for the handling of post-hurricane debris. 

(c) Restriction. — 

(1) In general. — No Federal funds may be used to pay 
for or reimburse any State or local entity in Louisiana for 
the disposal of construction and demolition debris generated 
as a result of Hurricane Katrina in 2005 in a landfill designated 
for construction and demolition debris as described in section 
257.2 of title 40, Code of Federal Regulations, unless that 
waste meets the definition of construction and demolition 
debris, as specified under Federal law and described in that 
section on the date of enactment of this Act. 

(2) Applicability. — The restriction in paragraph (1) shall 
apply only to any disposal that occurs after the date of enact- 
ment of this Act. 

TITLE V—MISCELLANEOUS 

SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

(a) In General. — Upon request of a non-Federal interest, the 
Secretary shall be responsible for maintenance of the following 
navigation channels and breakwaters constructed or improved by 
the non-Federal interest if the Secretary determines that such 
maintenance is economically justified and environmentally accept- 
able and that the channel or breakwater was constructed in accord- 
ance with applicable permits and appropriate engineering and 
design standards: 

(1) Manatee Harbor basin, Florida. 



29 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1255 

Village Dam (Ompompanoosuc River), North Hartland Dam 
(Ottauquechee River), North Springfield Dam (Black River), Ball 
Mountain Dam (West River), and Townshend Dam (West River), 
Vermont, to regulate flow and temperature to mitigate downstream 
impacts on aquatic habitat and fisheries. 

(b) Inclusion. — During the evaluation and design portion of 
the modifications authorized by this section, the Secretary shall 
ensure that a sustainable flow analysis is conducted for each dam. 

(c) Authorization of Appropriations. — There is authorized 
to be appropriated to carry out this section $30,000,000. 

SEC. 5146. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK. 

(a) Dispersal Barrier Project.— The Secretary shall deter- 
mine, at Federal expense, the feasibility of a dispersal barrier 
project at the Lake Champlain Canal, Vermont and New York, 
to prevent the spread of aquatic nuisance species. 

(b) Construction, Maintenance, and Operation. — If the Sec- 
retary determines that the project described in subsection (a) is 
feasible, the Secretary shall construct, maintain, and operate a 
dispersal barrier at the Lake Champlain Canal at Federal expense. 

SEC. 5147. DYKE MARSH, FAIRFAX COUNTY, VmCINIA. 

The Secretary shall accept funds from the National Park Service 
to restore Dyke Marsh, Fairfax County, Virginia. 

SEC, 5148. EASTERN SHORE AND SOUTHWEST VIRGINIA. 

Section 219(f)(10) of the Water Resources Development Act 
of 1992 (106 Stat. 4835; 113 Stat. 335) is amended— 

(1) by striking "$20,000,000 for water supply and waste- 
water infrastructure" and inserting the following: 

"(A) In general. — $20,000,000 for water supply, waste- 
water infrastructure, and environmental restoration"; 

(2) by adding at the end the following: 

"(B) Credit. — ^The Secretary shall credit, in accordance 
with section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d-5b), toward the non-Federal share of the 
cost of the project the cost of work carried out by the 
non-Federal interest for the project before the date of the 
partnership agreement for the project."; and 

(3) by aligning the remainder of the text of subparagraph 
(A) (as designated by paragraph (1) of this section) with 
subparagraph (B) (as added by paragraph (2) of this section). 

SEC. 5149. JAMES RIVER, VIRGINLA- 

The Secretary shall accept funds from the National Park Service 
to provide technical and project management assistance for the 
James River, Virginia, with a particular emphasis on locations 
along the shoreline adversely impacted by Hurricane Isabel. 

SEC. 5150. BAKER BAY AND ILWACO HARBOR, WASHINGTON. Study. 

The Secretary shall conduct a study of increased siltation in 
Baker Bay and Ilwaco Harbor, Washington, to determine if the 
siltation is the result of a Federal navigation project (including 
diverted flows from the Columbia River) and, if the Secretary deter- 
mines that the siltation is the result of a Federal navigation project, 
the Secretary shall carry out a project to mitigate the siltation 
as part of maintenance of the Federal navigation project. 



30 



121 STAT. 1268 PUBLIC LAW 110-114— NOV. 8, 2007 

"(264) Lewis, Lawrence, and wayne counties, Ten- 
nessee. — $2,000,000 for water supply and wastewater infra- 
structure, counties of Lewis, Lawrence, and Wayne, Tennessee. 

"(265) Oak ridge, Tennessee. — $4,000,000 for water 
supply and wastewater infrastructure, city of Oak Ridge, Ten- 
nessee. 

"(266) Plateau utility district, morgan county, Ten- 
nessee. — $1,000,000 for water supply and wastewater infra- 
structure, Morgan County, Tennessee. 

"(267) Shelby county, Tennessee.— $4,000,000 for water 
related environmental infrastructure, county of Shelby, Ten- 
nessee. 

"(268) Central texas.— $20,000,000 for water and waste- 
water infrastructure in Bosque, Brazos, Burleson, Grimes, Hill, 
Hood, Johnson, Madison, McLennan, Limestone, Robertson, and 
Somervell Counties, Texas. 

"(269) El PASO county, texas.— $25,000,000 for water 
related infrastructure and resource protection, including 
stormwater management, and development. El Paso County, 
Texas. 

"(270) Ft. bend county, texas.— $20,000,000 for water 
and wastewater infrastructure. Ft. Bend County, Texas. 

"(271) Duchesne, iron, and uintah counties, utah.— 
$10,800,000 for water related infrastructure, Duchesne, Iron, 
and Uintah Counties, Utah. 

"(272) Northern west virginlsl.— $20,000,000 for water 
and wastewater infrastructure in Hancock, Ohio, Marshall, 
Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, 
Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, 
Grant, Gilmer, Brooke, and Ritchie Counties, West Virginia. 

"(273) United states virgin islands.— $25,000,000 for 
wastewater infrastructure for the St. Croix Anguilla wastewater 
treatment plant and the St. Thomas Charlotte Amalie waste- 
water treatment plant. United States Virgin Islands.". 

TITLE VI— FLORIDA EVERGLADES 

SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLORmA. 

(a) Modification. — The project for Hillsboro and Okeechobee 
Aquifer, Florida, authorized by section 101(a)(16) of the Water 
Resources Development Act of 1999 (113 Stat. 276), is modified 
to authorize the Secretary to carry out the project at a total cost 
of $42,500,000. 

(b) Treatment. — Section 601(b)(2)(A) of the Water Resources 
Development Act of 2000 (114 Stat. 2681) is amended— 

(1) in clause (i) by adding at the end the following: "The 
project for aquifer storage and recovery, Hillsboro and Okee- 
chobee Aquifer, Florida, authorized by section 101(a)(16) of 
the Water Resources Development Act of 1999 (113 Stat. 276), 
shall be treated for purposes of this section as being in the 
Plan, except that operation and maintenance costs of the project 
shall remain a non-Federal responsibility."; and 

(2) in clause (iii) by inserting after "subparagraph (B)" 
the following: "and the project for aquifer storage and recovery, 
Hillsboro and Okeechobee Aquifer". 



31 



PUBLIC LAW 110-114— NOV. 8, 2007 121 STAT. 1269 

SEC. 6002. PILOT PROJECTS. 

Section 601(b)(2)(B) of the Water Resources Development Act 
of 2000 (114 Stat. 2681) is amended— 

(1) in the matter preceding clause (i) — 

(A) by striking "$69,000,000" and inserting 
"$71,200,000"; and 

(B) by striking "$34,500,000" each place it appears 
and inserting "$35,600,000"; and 

(2) in clause (i)— 

(A) by striking "$6,000,000" and inserting "$8,200,000"; 
and 

(B) by striking "$3,000,000" each place it appears and 
inserting "$4,100,000". 

SEC. 6003. MAXIMUM COSTS. 

(a) Maximum Cost of Projects.— Section 601(b)(2)(E) of the 
Water Resources Development Act of 2000 (114 Stat. 2683) is 
amended by inserting "and section (d)" before the period at the 
end. 

(b) Maximum Cost of Program Authority.— Section 601(c)(3) 
of such Act (114 Stat. 2684) is amended by adding at the end 
the following: 

"(C) Maximum cost of program authority.— Section Applicability. 
902 of the Water Resources Development Act of 1986 (33 
U.S.C. 2280) shall apply to the individual project funding 
limits in subparagraph (A) and the aggregate cost limits 
in subparagraph (B).". 

SEC. 6004. CREDIT. 

Section 601(e)(5)(B) of the Water Resources Development Act 
of 2000 (114 Stat. 2685) is amended— 

(1) in clause (i) — 

(A) by striking "or" at the end of subclause (I); 

(B) by adding "or" at the end of subclause (II); and 

(C) by adding at the end the following: 

"(III) the credit is provided for work carried out 
before the date of the partnership agreement between 
the Secretary and the non-Federal sponsor, as defined 
in an agreement between the Secretary and the non- 
Federal sponsor providing for such credit;"; and 

(2) in clause (ii) — 

(A) by striking "design agreement or the project 
cooperation"; and 

(B) by inserting before the semicolon the following: 
", including in the case of credit provided under clause 
(i)(III) conditions relating to design and construction". 

SEC. 6005. OUTREACH AND ASSISTANCE. 

Section 601(k) of the Water Resources Development Act of 

2000 (114 Stat. 2691) is amended by adding at the end the following: 

"(3) Maximum expenditures.— The Secretary may expend 

up to $3,000,000 per fiscal year for fiscal years beginning after 

September 30, 2004, to carry out this subsection.". 

SEC. 6006. CRITICAL RESTORATION PROJECTS. 

Section 528(b)(3)(C) of the Water Resources Development Act 
of 1996 (110 Stat. 3769) is amended— 



32 



121 STAT. 1270 PUBLIC LAW 110-114— NOV. 8, 2007 

(1) in clause (i) by striking "$75,000,000" and all that 
follows and inserting "$95,000,000"; and 

(2) by striking clause (ii) and inserting the following: 

"(ii) Federal share. — 

"(I) In general. — Except as provided in sub- 
clause (II), the Federal share of the cost of carrying 
out a project under subparagraph (A) shall not 
exceed $25,000,000. 

"(II) Seminole water conservation plan. — 
The Federal share of the cost of carrying out the 
Seminole water conservation plan shall not exceed 
$30,000,000.". 

SEC. 6007. REGIONAL ENGINEERING MODEL FOR ENVIRONMENTAL 
RESTORATION. 

(a) In General. — The Secretary shall complete the development 
and testing of the regional engineering model for environmental 
restoration as expeditiously as practicable. 

(b) Usage. — The Secretary shall consider using, as appropriate, 
the regional engineering model for environmental restoration in 
the development of future water resource projects, including projects 
developed pursuant to section 601 of the Water Resources Develop- 
ment Act of 2000 (114 Stat. 2680). 

TITLE VII— LOUISIANA COASTAL AREA 

SEC. 7001. DEFINITIONS. 

In this title, the following definitions apply: 

(1) Coastal Louisiana ecosystem. — The term "coastal 
Louisiana ecosystem" means the coastal area of Louisiana from 
the Sabine River on the west to the Pearl River on the east, 
including those parts of the Atchafalaya River Basin and the 
Mississippi River Deltaic Plain below the Old River Control 
Structure and the Chenier Plain included within the study 
area of the restoration plan. 

(2) Governor. — The term "Governor" means the Governor 
of the State of Louisiana. 

(3) Restoration plan. — The term "restoration plan" means 
the report of the Chief of Engineers for ecosystem restoration 
for the Louisiana Coastal Area dated January 31, 2005. 

(4) Task force. — The term "Task Force" means the Coastal 
Louisiana Ecosystem Protection and Restoration Task Force 
established by section 7003. 

(5) Comprehensive plan.— The term "comprehensive plan" 
means the plan developed under section 7002 and any revisions 
thereto. 

SEC. 7002. COMPREHENSIVE PLAN. 

(a) In General. — The Secretary, in coordination with the Gov- 
ernor, shall develop a comprehensive plan for protecting, preserving, 
and restoring the coastal Louisiana ecosystem. 

(b) Integration of Plan Into Comprehensive Hurricane 
Protection Study. — In developing the comprehensive plan, the 
Secretary shall integrate the restoration plan into the analysis 
and design of the comprehensive hurricane protection study author- 
ized by title I of the Energy and Water Development Appropriations 
Act, 2006 (119 Stat. 2247). 



33 



121 STAT. 1292 PUBLIC LAW 110-114— NOV. 8, 2007 

IN THE SENATE OF THE UNITED STATES, 

November 8, 2007. 

The Senate having proceeded to reconsider the bill (H.R. 1495) entitled "An Act 
to provide for the conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for improvements 
to rivers and harbors of the United States, and for other purposes", returned by the 
President of the United States with his objections, to the House of Representatives, 
in which it originated, and passed by the House of Representatives on reconsider- 
ation of the same, it was 

Resolved, That the said bill pass, two-thirds of the Senators present having voted 
in the affirmative. 

Nancy Erickson 

Secretary. 



LEGISLATIVE HISTORY — H.R. 1495 (S. 1248): 

HOUSE REPORTS: Nos. 110-80 (Comm. on Transportation and Infrastructure) and 

110-280 (Comm. of Conference). 
SENATE REPORTS: No. 110-58 accompanying S. 1248 (Comm. on Environment 

and Public Works). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 

Apr. 19, considered and passed House. 

May 14-16, considered and passed Senate, amended. 

Aug. 1, House agreed to conference report. 

Sept. 24, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 

Nov. 2, Presidential veto message. 
CONGRESSIONAL RECORD, Vol. 153 (2007): 

Nov. 6, House overrode veto. 

Nov. 8, Senate overrode veto. 



o 



34 



AUTHENTICATED 

U.S. GOVERNMENT 

INFORMATION 

CPO 




PUBLIC LAW 110-116— NOV. 13, 2007 121 STAT. 1295 



Public Law 110-116 
110th Congress 

An Act 

Making appropriations for the Department of Defense for the fiscal year ending Nov. 13, 2007 

September 30, 2008, and for other purposes. [H.R. 3222] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 
Sec. 2. References. 

DIVISION A— DEPARTMENT OF DEFENSE, 2008 

Title I — Military Personnel 

Title II — Operation and Maintenance 

Title III — Procurement 

Title IV — Research, Development, Test and Evaluation 

Title V — Revolving and Management Funds 

Title VI — Other Department of Defense Programs 

Title VII— Related Agencies 

Title VIII — General Provisions 

DIVISION B— FURTHER CONTINUING APPROPRIATIONS, 2008 

SEC. 2. REFERENCES. 1 USC 1 note. 

Except as expressly provided otherwise, any reference to "this 
Act" contained in any division of this Act shall be treated as 
referencing only to the provisions of that division. 

DIVISION A— DEPARTMENT OF DEFENSE Department of 

Defense 
That the following sums are appropriated, out of any money ^PP''°PIJ?**°"^ 
in the Treasury not otherwise appropriated, for the fiscal year ' 
ending September 30, 2008, for military functions administered 
by the Department of Defense and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

Military Personnel, Army 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Army on active duty, (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers' Training Corps; and 



35 



PUBLIC LAW 110-116— NOV. 13, 2007 121 STAT. 1313 

law enforcement activity associated with counter-drug, counter-ter- 
rorism, and national security investigations and operations. 

TITLE VIII 

GENERAL PROVISIONS 

Sec. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author- 
ized by the Congress. 

Sec. 8002. During the current fiscal year, provisions of law 10 USC 1584 
prohibiting the payment of compensation to, or employment of, note, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary Wages, 
increases gremted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Repubhc of Turkey. 

Sec. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 

Sec. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers' Training Corps. 

(TRANSFER OF FUNDS) 

Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $3,700,000,000 of working capital funds of the Depart- 
ment of Defense or fiinds made available in this Act to the Depart- 
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the Sec- Notification, 
retary of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this 
Act: Provided further. That no part of the fimds in this Act shall 
be available to prepare or present a request to the Committees 



36 



PUBLIC LAW 110-116— NOV. 13, 2007 



121 STAT. 1335 



or events that promote the purpose of this appropriation (e.g. pay- 
ment of travel and per diem of school teachers attending conferences 
or a meeting that promotes the purpose of this appropriation and/ 
or consultant fees for on-site training of teachers, staff, or Joint 
Venture Education Forum (JVEF) Committee members): Provided 
further, That up to $2,000,000 shall be available for the Department 
of Defense to establish a non-profit trust fund to assist in the 
public-private funding of public school repair and maintenance 
projects, or provide directly to non-profit organizations who in 
return will use these monies to provide assistance in the form 
of repair, maintenance, or renovation to public school systems that 
have high concentrations of special needs military dependents and 
are located in States that are considered overseas assignments: 
Provided further, That to the extent a Federal agency provides 
this assistance, by contract, grant, or otherwise, it may accept 
and expend non-Federal funds in combination with these Federal 
funds to provide assistance for the authorized purpose, if the non- 
Federal entity requests such assistance and the non-Federal funds 
are provided on a reimbursable basis. 

Sec. 8088. The Department of Defense and the Department 
of the Army shall make future budgetary and programming plans 
to fully finance the Non-Line of Sight Future Force cannon (NLOS- 
C) and a compatible large caliber ammunition resupply capability 
for this system supported by the Future Combat Systems (FCS) 
Brigade Combat Team (BCT) in order to field this system in fiscal 
year 2010: Provided, That the Army shall develop the NLOS- 
C independent of the broader FCS development timeline to achieve 
fielding by fiscal year 2010. In addition the Army will deliver 
eight combat operational pre-production NLOS-C systems by the 
end of calendar year 2008. These systems shall be in addition 
to those systems necessary for developmental and operational 
testing: Provided further. That the Army shall ensure that budg- 
etary and programmatic plans will provide for no fewer than seven 
Stryker Brigade Combat Teams. 

Sec. 8089. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $62,700,000 is hereby appro- 
priated to the Department of Defense: Provided, That the Secretary Grants, 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; $20,000,000 to 
the Red Cross; $5,000,000 for the SOAR Virtual School District; 
$3,500,000 for Harnett County/Fort Bragg, North Carohna infra- 
structure improvements; $2,000,000 to The Presidio Trust; 
$1,200,000 to the National Bureau of Asian Research; $4,800,000 
to the Jamaica Bay Unit of Gateway National Recreation Area; 
$5,000,000 to the Paralympics Military Program; and, $1,200,000 
to the Red Cross Consolidated Blood Services Facility. 

Sec. 8090. Up to $3,000,000 of the funds appropriated under 
the heading "Operation and Maintenance, Navy" in this Act for 
the Pacific Missile Range Facility may be made available to contract 
for the repair, maintenance, and operation of adjacent off-base 
water, drainage, and flood control systems, electrical upgrade to 
support additional missions critical to base operations, and support 
for a range footprint expansion to further guard against encroach- 
ment. 

Sec. 8091. The budget of the President for fiscal year 2009 
submitted to the Congress pursuant to section 1105 of title 31, 



Federal budget. 
10 use 221 note. 



37 



121 STAT. 1340 



PUBLIC LAW 110-116— NOV. 13, 2007 



Applicability. 



Afghanistan. 

Iraq. 

10 use 221 note. 



Chemical 
weapons. 
Deadline. 
50 use 1521 
note. 



(2) Section 2242 of the Foreign Affairs Reform and Restruc- 
turing Act of 1998 (division G of Public Law 105-277; 112 
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed 
thereto, including regulations under part 208 of title 8, Code 
of Federal Regulations, and part 95 of title 22, Code of Federal 
Regulations. 

(3) Sections 1002 and 1003 of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hurri- 
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Pubhc Law 109-148). 

Sec. 8115. Notwithstanding any other provision of law, none 
of the funds made available in this Act may be used to pay nego- 
tiated indirect cost rates on a contract, grant, or cooperative agree- 
ment (or similar arrangement) entered into by the Department 
of Defense and an entity in excess of 35 percent of the total 
cost of the contract, grant, or agreement (or similar arrangement): 
Provided, That this limitation shall apply only to contracts, grants, 
or cooperative agreements entered into after the date of the enact- 
ment of this Act using funds made available in this Act for fiscal 
year 2008 for basic research. 

Sec. 8116. Any request for funds for a fiscal year after fiscal 
year 2008 for an ongoing military operation overseas, including 
operations in Afghanistan and Iraq, shall be included in the annual 
budget of the President for such fiscal year as submitted to Congress 
under section 1105(a) of title 31, United States Code. 

Sec. 8117. None of the fiinds appropriated or otherwise made 
available by this Act may be obligated or expended to provide 
award fees to any defense contractor contrary to the provisions 
of section 814 of the National Defense Authorization Act, Fiscal 
Year 2007 (Public Law 109-364). 

Sec. 8118. From amounts appropriated in this or previous 
Acts making appropriations for the Department of Defense which 
remain available for obligation, up to $20,000,000 may be trans- 
ferred by the Secretary of the Navy to the Secretary of the Depart- 
ment of the Interior for any expenses associated with the construc- 
tion of the USS ARIZONA Memorial Museum and Visitors Center. 

Sec. 8119. (a) Notwithstanding any other provision of law, 
the Department of Defense shall complete work on the destruction 
of the United States stockpile of lethal chemical agents and muni- 
tions, including those stored at Blue Grass Army Depot, Kentucky, 
and Pueblo Chemical Depot, Colorado, by the deadline established 
by the Chemical Weapons Convention, and in no circumstances 
later than December 31, 2017. 

(b) Report.— 

(1) Not later than December 31, 2007, and every 180 days 
thereafter, the Secretary of Defense shall submit to the parties 
described in paragraph (2) a report on the progress of the 
Department of Defense toward compliance with this section. 

(2) The parties referred to in paragraph (1) are the Speaker 
of the House of Representatives, the Majority and Minority 
Leaders of the House of Representatives, the Majority and 
Minority Leaders of the Senate, and the congressional defense 
committees. 

(3) Each report submitted under paragraph (1) shall include 
the updated and projected annual funding levels necessary 
to achieve full compliance with this section. The projected 
funding levels for each report shall include a detailed 



38 



PUBLIC LAW 110-116— NOV. 13, 2007 



121 STAT. 1341 



accounting of the complete life-cycle costs for each of the chem- 
ical disposal projects. 

(c) In this section, the term "Chemical Weapons Convention" 
means the Convention on the Prohibition of Development, Produc- 
tion, Stockpiling and Use of Chemical Weapons and on Their 
Destruction, with annexes, done at Paris, January 13, 1993, and 
entered into force April 29, 1997 (T. Doc. 103-21). 

Sec. 8120. Paragraph 1(b) of Rule XXXV of the Standing Rules 
of the Senate is amended by adding at the end the following: 
"It is not a gift for a Member (or a Senate employee making 
a reservation for that Member) to make more than one reservation 
on scheduled flights with participating airlines when such action 
assists the Member in conducting official business.". 

Sec. 8121. Not later than 30 days after the date of the enact- 
ment of this Act, the Secretary of Defense shall establish and 
maintain on the homepage of the Internet website of the Depart- 
ment of Defense a direct link to the Internet website of the Office 
of Inspector General of the Department of Defense. 

Sec. 8122. (a) Notwdthstanding any other provision of law, 
and in addition to amounts otherwdse made available by this Act, 
there is appropriated $11,630,000,000 for the "Mine Resistant 
Ambush Protected Vehicle Fund", to remain available until Sep- 
tember 30, 2008. 

(b) The funds provided by subsection (a) shall be available 
to the Secretary of Defense to continue technological research and 
development and upgrades, to procure Mine Resistant Ambush 
Protected vehicles and associated support equipment, and to sus- 
tain, transport, and field Mine Resistant Ambush Protected vehicles. 

(c)(1) The Secretary of Defense shall transfer funds provided 
by subsection (a) to appropriations for operation and maintenance; 
procurement; and research, development, test and evaluation to 
accomplish the purposes specified in subsection (b). Such transferred 
funds shall be merged with and be available for the same purposes 
and for the same time period as the appropriation to which they 
are transferred. 

(2) The tremsfer authority provided by this subsection shall 
be in addition to any other transfer authority available to the 
Department of Defense. 

(3) The Secretary of Defense shall, not less than 5 days prior 
to making any transfer under this subsection, notify the congres- 
sional defense committees in writing of the details of the transfer. 

(d) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 
21 (110th Congress), the concurrent resolution on the budget for 
fiscal year 2008. 

This division may be cited as the "Department of Defense 
Appropriations Act, 2008". 



Deadline. 

Website. 

5 use app. 6 

note. 



Research and 
development. 



Deadline. 
Notification. 



DIVISION B— FURTHER CONTINUING APPROPRIATIONS, 

2008 

Sec. 101. Public Law 110-92 is amended by striking the date 
specified in section 106(3) and inserting "December 14, 2007". 

Sec. 102. Public Law 110-92 is amended by adding at the 
end the following new sections: 



Ante, p. 990. 



39 



121 STAT. 1344 PUBLIC LAW 110-116— NOV. 13, 2007 

"(c) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 
21 (110th Congress), the concurrent resolution on the budget for 
fiscal year 2008.". 

Approved November 13, 2007. 



LEGISLATIVE HISTORY — H.R. 3222: 

HOUSE REPORTS: Nos. 110-279 (Comm. on Appropriations) and 110-434 

(Comm. of Conference). 
SENATE REPORTS: No. 110-155 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, VoL 153 (2007): 

Aug. 4, considered and passed House. 

Oct. 2, 3, considered and passed Senate, amended. 

Nov. 8, House and Senate agreed to conference report. 



o 



40 



121 STAT. 1492 



PUBLIC LAW 110-140— DEC. 19, 2007 



Dec. 19, 2007 
[H.R. 6] 



Energy 

Independence 

and Security Act 

of 2007. 

42 use 17001 

note. 



Public Law 110-140 
110th Congress 



An Act 



To move the United States toward greater energy independence and security, to 
increase the production of clean renewable fuels, to protect consumers, to increase 
the efficiency of products, buildings, and vehicles, to promote research on and 
deploy greenhouse gas capture and storage options, and to improve the energy 
performance of the Federal Government, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title. — This Act may be cited as the "Energy 
Independence and Security Act of 2007". 

(b) Table of Contents. — The table of contents of this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Relationship to other law. 

title I— energy security through improved vehicle fuel 

ECONOMY 
Subtitle A — Increased Corporate Average Fuel Economy Standards 

Sec. 101. Short title. 

Sec. 102. Average fuel economy standards for automobiles and certain other vehi- 
cles. 

Sec. 103. Definitions. 

Sec. 104. Credit trading program. 

Sec. 105. Consumer information. 

Sec. 106. Continued applicability of existing standards. 

Sec. 107. National Academy of Sciences studies. 

Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty 
truck fuel economy. 

Sec. 109. Extension of flexible fuel vehicle credit program. 

Sec. 1 10. Periodic review of accuracy of fuel economy labeling procedures. 

Sec. 111. Consumer tire information. 

Sec. 112. Use of civil penalties for research and development. 

Sec. 113. Exemption from separate calculation requirement. 



Sec. 
Sec. 
Sec. 
Sec, 
Sec. 
Sec. 



Sec. 



Subtitle B — Improved Vehicle Technology 

131. Transportation electrification. 

132. Domestic manufacturing conversion grant program. 

133. Inclusion of electric drive in Energy Policy Act of 1992. 

134. Loan guarantees for fuel-efficient automobile parts manufacturers. 

135. Advanced battery loan guarantee program. 

136. Advanced technology vehicles manufacturing incentive program. 

Subtitle C— Federal Vehicle Fleets 
141. Federal vehicle fleets. 



Sec. 142. Federal fleet conservation requirements. 



41 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1493 

TITLE II— ENERGY SECURITY THROUGH INCREASED PRODUCTION OF 

BIOFUELS 

Subtitle A — Renewable Fuel Standard 

Sec. 201. Definitions. 

Sec. 202. Renewable fuel standard. 

Sec. 203. Study of impact of Renewable Fuel Standard. 

Sec. 204. Environmental and resource conservation impacts. 

Sec. 205. Biomass based diesel and biodiesel labeling. 

Sec. 206. Study of credits for use of renewable electricity in electric vehicles. 

Sec. 207. Grants for production of advanced biofuels. 

Sec. 208. Integrated consideration of water quality in determinations on fuels and 

fuel additives. 

Sec. 209. Anti-backsliding. 

Sec. 210. Effective date, savings provision, and transition rules. 

Subtitle B — Biofuels Research and Development 

Sec. 221. Biodiesel. 

Sec. 222. Biogas. 

Sec. 223. Grants for biofuel production research and development in certain States. 

Sec. 224. Biorefinery energy efficiency. 

Sec. 225. Study of optimization of flexible fueled vehicles to use E-85 fuel. 

Sec. 226. Study of engine durability and performance associated with the use of 

biodiesel. 
Sec. 227. Studv of optimization of biogas used in natural gas vehicles. 
Sec. 228. Algal biomass. 

Sec. 229. Biofuels and biorefinery information center. 
Sec. 230. Cellulosic ethanol and biofuels research. 

Sec. 231. Bioenergy research and development, authorization of appropriation. 
Sec. 232. Environmental research and development. 
Sec. 233. Bioenergy research centers. 
Sec. 234. University based research and development grant program. 

Subtitle C — Biofuels Infrastructure 

Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel 
infrastructure. 

Sec. 242. Renewable fuel dispenser requirements. 

Sec. 243. Ethanol pipeline feasibility study. 

Sec. 244. Renewable fuel infrastructure grants. 

Sec. 245. Study of the adequacy of transportation of domestically-produced renew- 
able fuel by railroads and other modes of transportation. 

Sec. 246. Federal fleet fueling centers. 

Sec. 247. Standard specifications for biodiesel. 

Sec. 248. Biofuels distribution and advanced biofuels infrastructure. 

Subtitle D — Environmental Safeguards 
Sec. 251. Waiver for fuel or fuel additives. 

TITLE III— ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR 
APPLIANCE AND LIGHTING 

Subtitle A — ^Appliance Energy Efficiency 

Sec. 301. External power supply efficiency standards. 

Sec. 302. Updating appliance test procedures. 

Sec. 303. Residential boilers. 

Sec. 304. Furnace fan standard process. 

Sec. 305. Improving schedule for standards updating and clarifying State authority. 

Sec. 306. Regional standards for furnaces, central air conditioners, and heat 

pumps. 
Sec. 307. Procedure for prescribing new or amended standards. 
Sec. 308. Expedited rulemakings. 
Sec. 309. Battery chargers. 
Sec. 310. Standby mode. 

Sec. 311. Energy standards for home appliances. 
Sec. 312. Walk-in coolers and walk-in freezers. 
Sec. 313. Electric motor efficiency standards. 

Sec. 314. Standards for single package vertical air conditioners and heat pumps. 
Sec. 315. Improved energy efficiency for appliances and buildings in cola climates. 
Sec. 316. Technical corrections. 

Subtitle B — Lighting Energy Efficiency 
Sec. 321. Efficient light bulbs. 



42 



121 STAT. 1494 PUBLIC LAW 110-140— DEC. 19, 2007 

Sec. 322. Incandescent reflector lamp efficiency standards. 

Sec. 323. Public building energy efficient and renewable energy systems. 

Sec. 324. Metal halide lamp fixtures. 

Sec. 325. Energy efficiency labeling for consumer electronic products. 

TITLE IV— ENERGY SAVINGS IN BUILDINGS AND INDUSTRY 

Sec. 401. Definitions. 

Subtitle A — Residential Building Efficiency 

Sec. 411. Reauthorization of weatherization assistance progreim. 

Sec. 412. Study of renewable energy rebate programs. 

Sec. 413. Energy code improvements applicable to manufactured housing. 

Subtitle B — High-Performance Commercial Buildings 

Sec. 421. Commercial high-performance green buildings. 
Sec. 422. Zero Net Energy Commercial Buildings Initiative. 
Sec. 423. Public outreach. 

Subtitle C — High-Performance Federal Buildings 

Sec. 431. Energy reduction goals for Federal buildings. 

Sec. 432. Management of energy and water efficiency in Federal buildings. 

Sec. 433. Federal building energy efficiency performance standards. 

Sec. 434. Management ofFederal building efficiency. 

Sec. 435. Leasing. 

Sec. 436. High-performance green Federal buildings. 

Sec. 437. Federal green building performance. 

Sec. 438. Storm water runoff requirements for Federal development projects. 

Sec. 439. Cost-effective technology acceleration program. 

Sec. 440. Authorization of appropriations. 

Sec. 441. Public building life-cycle costs. 

Subtitle D — Industrial Energy Efficiency 

Sec. 451. Industrial energy efficiency. 

Sec. 452. Energy-intensive industries program. 

Sec. 453. Energy efficiency for data center buildings. 

Subtitle E — Healthy High-Performance Schools 

Sec. 461. Healthy high-performance schools. 

Sec. 462. Study on indoor environmental quality in schools. 

Subtitle F — Institutional Entities 

Sec. 471. Energy sustainability and efficiency grants and loans for institutions. 

Subtitle G — Public and Assisted Housing 

Sec. 481. Application of International Energy Conservation Code to public and as- 
sisted housing. 

Subtitle H — General Provisions 

Sec. 491. Demonstration project. 

Sec. 492. Research and development. 

Sec. 493. Environmental Protection Agency demonstration grant program for local 

governments. 
Sec. 494. Green Building Advisory Committee. 
Sec. 495. Advisory Committee on Energy Efficiency Finance. 

TITLE V— ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS 

Subtitle A — United States Capitol Complex 

Sec. 501. Capitol complex photovoltaic roof feasibility studies. 
Sec. 502. Capitol complex E-85 refueling station. 

Sec. 503. Energy and environmental measures in Capitol complex master plan. 
Sec. 504. Promoting maximum efficiency in operation of Capitol power plant. 
Sec. 505. Capitol power plant carbon dioxide emissions feasibility study and dem- 
onstration projects. 

Subtitle B — Energy Savings Performance Contracting 

Sec. 511. Authority to enter into contracts; reports. 
Sec. 512. Financing flexibility. 

Sec. 513. Promoting long-term energy savings performance contracts and verifying 
savings. 



43 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1495 

Sec. 514. Permanent reauthorization. 
Sec. 515. Definition of energy savings. 
Sec. 516. Retention of savings. 

Sec. 517. Training Federal contracting officers to negotiate energy efficiency con- 
tracts. 
Sec. 518. Study of energy and cost savings in nonbuilding applications. 

Subtitle C — Energy Efficiency in Federal Agencies 

Sec. 521. Installation of photovoltaic system at Department of Energy headquarters 

building. 
Sec. 522. Prohibition on incandescent lamps by Coast Guard. 
Sec. 523. Standard relating to solar hot water heaters. 
Sec. 524. Federally-procured appliances with standby power. 
Sec. 525. Federal procurement of energy efficient products. 
Sec. 526. Procurement and acquisition of alternative fuels. 
Sec. 527. Government efficiency status reports. 
Sec. 528. 0MB government efficiency reports and scorecards. 
Sec. 529. Electricity sector demand response. 

Subtitle D — Energy Efficiency of Public Institutions 

Sec. 531. Reauthorization of State energy programs. 
Sec. 532. Utility energy efficiency programs. 

Subtitle E — Energy Efficiency £ind Conservation Block Grants 

Sec. 541. Definitions. 

Sec. 542. Energy Efficiency and Conservation Block Grant Program. 

Sec. 543. Allocation of funds. 

Sec. 544. Use of fiinds. 

Sec. 545. Requirements for eligible entities. 

Sec. 546. Competitive grants. 

Sec. 547. Review and evaluation. 

Sec. 548. Funding. 

TITLE VI— ACCELERATED RESEARCH AND DEVELOPMENT 

Subtitle A — Solar Energy 

Sec. 601. Short title. 

Sec. 602. Thermal energy storage research and development program. 

Sec. 603. Concentrating solar power commercial application studies. 

Sec. 604. Solar energy curriculum development and certification grants. 

Sec. 605. Daylighting systems and direct solar light pipe technology. 

Sec. 606. Solar Air Conditioning Research and Development Program. 

Sec. 607. Photovoltaic demonstration program. 

Subtitle B — Geothermal Energy 

Sec. 611. Short title. 

Sec. 612. Definitions. 

Sec. 613. Hydrothermal research and development. 

Sec. 614. General geothermal systems research and development. 

Sec. 615. Enhanced geothermal systems research and development. 

Sec. 616. Geothermal energy production fi-om oil and gas fields and recovery and 

production of geopressured gas resources. 
Sec. 617. Cost sharing and proposal evaluation. 
Sec. 618. Center for geothermal technology transfer. 
Sec. 619. GeoPowering America. 
Sec. 620. Educational pilot program. 
Sec. 621. Reports. 

Sec. 622. Applicability of other laws. 
Sec. 623. Authorization of appropriations. 
Sec. 624. International geothermal energy development. 
Sec. 625. High cost region geothermal energy grant program. 

Subtitle C — Marine and Hydrokinetic Renewable Energy Technologies 

Sec. 631. Short title. 
Sec. 632. Definition. 

Sec. 633. Marine and hydrokinetic renewable energy research and development. 
Sec. 634. National Marine Renewable Energy Research, Development, and Dem- 
onstration Centers. 
Sec. 635. Applicability of other laws. 
Sec. 636. Authorization of appropriations. 



44 



121 STAT. 1496 PUBLIC LAW 110-140— DEC. 19, 2007 

Subtitle D — Energy Storage for Transportation and Electric Power 

Sec. 641. Energy storage competitiveness. 

Subtitle E — Miscellaneous Provisions 

Sec. 651. Lightweight materials research and development. 

Sec. 652. Commercial insulation demonstration program. 

Sec. 653. Technical criteria for clean coal power Initiative. 

Sec. 654. H-Prize. 

Sec. 655. Bright Tomorrow Lighting Prizes. 

Sec. 656. Renewable Energy innovation manufacturing partnership. 

TITLE VII— CARBON CAPTURE AND SEQUESTRATION 

Subtitle A — Carbon Capture and Sequestration Research, Development, and 

Demonstration 

Sec. 701. Short title. 

Sec. 702. Carbon capture and sequestration research, development, and demonstra- 
tion program. 
Sec. 703. Carbon capture. 
Sec. 704. Review of large-scale programs. 
Sec. 705. Geologic sequestration training and research. 
Sec. 706. Relation to Safe Drinking Water Act. 
Sec. 707. Safety research. 
Sec. 708. University based research and development grant program. 

Subtitle B — Carbon Capture and Sequestration Assessment and Framework 

Sec. 711. Carbon dioxide sequestration capacity assessment. 

Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide emis- 
sions from ecosystems. 
Sec. 713. Carbon dioxide sequestration inventory. 
Sec. 714. Framework for geological carbon sequestration on public land. 

TITLE VIII— IMPROVED MANAGEMENT OF ENERGY POLICY 

Subtitle A — Management Improvements 

Sec. 801. National media campaign. 

Sec. 802. Alaska Natural Gas Pipeline administration. 

Sec. 803. Renewable energy deployment. 

Sec. 804. Coordination of planned refinery outages. 

Sec. 805. Assessment of resources. 

Sec. 806. Sense of Congress relating to the use of renewable resources to generate 

energy. 
Sec. 807. Geothermal assessment, exploration information, and priority activities. 

Subtitle B — Prohibitions on Market Manipulation and False Information 

Sec. 811. Prohibition on market manipulation. 

Sec. 812. Prohibition on false information. 

Sec. 813. Enforcement by the Federal Trade Commission. 

Sec. 814. Penalties. 

Sec. 815. Effect on other laws. 

TITLE IX— INTERNATIONAL ENERGY PROGRAMS 
Sec. 901. Definitions. 

Subtitle A — Assistance to Promote Clean and Efficient Energy Technologies in 

Foreign Countries 

Sec. 911. United States assistance for developing countries. 

Sec. 912. United States exports and outreach programs for India, China, and other 
countries. 

Sec. 913. United States trade missions to encourage private sector trade and in- 
vestment. 

Sec. 914. Actions by Overseas Private Investment Corporation. 

Sec. 915. Actions by United States Trade and Development Agency. 

Sec. 916. Deplojonent of international clean and efficient energy technologies and 
investment in global energy markets. 

Sec. 917. United States-Israel energy cooperation. 

Subtitle B — International Clean Energy Foundation 
Sec. 921. Definitions. 



45 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1497 

Sec. 922. Establishment and management of Foundation. 

Sec. 923. Duties of Foundation. 

Sec. 924. Annual report. 

Sec. 925. Powers of the Foundation; related provisions. 

Sec. 926. General personnel authorities. 

Sec. 927. Authorization of appropriations. 

Subtitle C — Miscellaneous Provisions 

Sec. 931. Energy diplomacy and security wdthin the Department of State. 
Sec. 932. National Security Council reorganization. 
Sec. 933. Annual national energy security strategy report. 

Sec. 934. Convention on Supplementary Compensation for Nuclear Damage contin- 
gent cost allocation. 
Sec. 935. Treinsparency in extractive industries resource payments. 

TITLE X— GREEN JOBS 

Sec. 1001. Short title. 

Sec. 1002. Energy efficiency and renewable energy worker training program, 

TITLE XI— ENERGY TRANSPORTATION AND INFRASTRUCTURE 

Subtitle A — Department of Transportation 

Sec. 1101. Office of Climate Change and Environment. 

Subtitle B — Railroads 

Sec. 1111. Advanced technology locomotive grant pilot program. 
Sec. 1112. Capital grants for class II and class III railroads. 

Subtitle C — ^Marine Transportation 

Sec. 1121. Short sea transportation initiative. 

Sec. 1122. Short sea shipping eligibility for capital construction fund. 

Sec. 1123. Short sea transportation report. 

Subtitle D — Highways 

Sec. 1131. Increased Federal share for CMAQ projects. 

Sec. 1132. Distribution of rescissions. 

Sec. 1133. Sense of Congress regarding use of complete streets design techniques. 

TITLE XII— SMALL BUSINESS ENERGY PROGRAMS 

Sec. 1201. Express loans for renewable energy and energy efficiency. 

Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient tech- 
nologies. 

Sec. 1203. Small business energy efficiency. 

Sec. 1204. Larger 504 loan limits to help business develop energy efficient tech- 
nologies and purchases. 

Sec. 1205. Energy saving debentures. 

Sec. 1206. Investments in energy saving small businesses. 

Sec. 1207. Renewable fuel capital investment company. 

Sec. 1208. Study and report. 

TITLE XIII— SMART GRID 

Sec. 1301. Statement of policy on modernization of electricity grid. 

Sec. 1302. Smart grid system report. 

Sec. 1303. Smart grid advisory committee and smart grid task force. 

Sec. 1304. Smart grid technology research, development, and demonstration. 

Sec. 1305. Smart grid interoperability framework. 

Sec. 1306. Federal matching fund for smart grid investment costs. 

Sec. 1307. State consideration of smart grid. 

Sec. 1308. Study of the effect of private wire laws on the development of combined 

heat and power facilities. 

Sec. 1309. DOE study of security attributes of smart grid systems. 

TITLE XIV— POOL AND SPA SAFETY 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Definitions. 

Sec. 1404. Federal swimming pool and spa drain cover standard. 

Sec. 1405. State swdmming pool safety grant program. 

Sec. 1406. Minimum State law requirements. 

Sec. 1407. Education program. 



46 



121 STAT. 1498 



PUBLIC LAW 110-140— DEC. 19, 2007 



42 use 17001. 



42 use 17002. 



Sec. 1408. CPSC report. 

TITLE XV— REVENUE PROVISIONS 

Sec. 1500. Amendment of 1986 Code. 

Sec. 1501. Extension of additional 0.2 percent FUTA surtax. 

Sec. 1502. 7-year amortization of geological and geophysical expenditures for cer- 
tain major integrated oil companies. 

TITLE XVI— EFFECTIVE DATE 

Sec. 1601. Effective date. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Department. — The term "Department" means the 
Department of Energy. 

(2) INSTITUTION OF HIGHER EDUCATION. — The term "institu- 
tion of higher education" has the meaning given the term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 

(3) Secretary. — The term "Secretary" means the Secretary 
of Energy. 

SEC. 3. RELATIONSHIP TO OTHER LAW. 

Except to the extent expressly provided in this Act or an amend- 
ment made by this Act, nothing in this Act or an amendment 
made by this Act supersedes, Hmits the authority provided or 
responsibiUty conferred by, or authorizes any violation of any provi- 
sion of law (including a regulation), including any energy or environ- 
mental law or regulation. 

TITLE I— ENERGY SECURITY THROUGH 
IMPROVED VEHICLE FUEL ECONOMY 



Ten-in-Ten Fuel 
Economy Act. 



Subtitle A — Increased Corporate Average 
Fuel Economy Standards 



42 use 30101 
note. 



SEC. 101. SHORT TITLE. 

This subtitle may be cited as the "Ten-in-Ten Fuel Economy 
Act". 

SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES 
AND CERTAIN OTHER VEHICLES. 

(a) Increased Standards.— Section 32902 of title 49, United 
States Code, is amended — 

(1) in subsection (a) — 

(A) by striking "Non-Passenger AUTOMOBILES.—" 
and inserting "PRESCRIPTION OF STANDARDS BY Regula- 
tion. — "; 

(B) by striking "(except passenger automobiles)" in sub- 
section (a); and 

(C) by striking the last sentence; 

(2) by striking subsection (b) and inserting the following: 
"(b) Standards for Automobiles and Certain Other 

Vehicles. — 



47 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1517 

Subtitle C— Federal Vehicle Fleets 

SEC. 141. FEDERAL VEHICLE FLEETS. 

Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) 
is amended — 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new sub- 
section: 

"(f) Vehicle Emission Requirements.— 
"(1) Definitions. — In this subsection: 

"(A) Federal agency. — The term 'Federal agency' does 
not include any office of the legislative branch, except that 
it does include the House of Representatives with respect 
to an acquisition described in paragraph (2)(C). 

"(B) Medium duty passenger vehicle.— The term 
'medium duty passenger vehicle' has the meaning given 
that term section 523.2 of title 49 of the Code of Federal 
Regulations, as in effect on the date of enactment of this 
paragraph. 

"(C) Member's representational allowance. — The 
term 'Member's Representational Allowance' means the 
allowance described in section 101(a) of the House of Rep- 
resentatives Administrative Reform Technical Corrections 
Act (2 U.S.C. 57b(a)). 
"(2) Prohibition.— 

"(A) In general. — Except as provided in subparagraph 
(B), no Federal agency shall acquire a light duty motor 
vehicle or medium duty passenger vehicle that is not a 
low greenhouse gas emitting vehicle. 

"(B) Exception. — The prohibition in subparagraph (A) Certification, 
shall not apply to acquisition of a vehicle if the head 
of the agency certifies in writing, in a separate certification 
for each individual vehicle purchased, either — 

"(i) that no low greenhouse gas emitting vehicle 
is available to meet the functional needs of the agency 
and details in writing the functional needs that could 
not be met with a low greenhouse gas emitting vehicle; 
or 

"(ii) that the agency has taken specific alternative 
more cost-effective measures to reduce petroleum 
consumption that — 

"(I) have reduced a measured and verified 
quantity of greenhouse gas emissions equal to or 
greater than the quantity of greenhouse gas reduc- 
tions that would have been achieved through 
acquisition of a low greenhouse gas emitting 
vehicle over the lifetime of the vehicle; or 

"(II) will reduce each year a measured and 
verified quantity of greenhouse gas emissions 
equal to or greater than the quantity of greenhouse 
gas reductions that would have been achieved each 
year through acquisition of a low greenhouse gas 
emitting vehicle. 
"(C) Special rule for vehicles provided by funds Applicability. 

contained in members' representational allowance. — 
This paragraph shall apply to the acquisition of a light 



48 



121 STAT. 1518 



PUBLIC LAW 110-140— DEC. 19, 2007 



42 use 6374e. 



Deadline. 
Regulations. 



Deadline. 



duty motor vehicle or medium duty passenger vehicle using 
any portion of a Member's Representational Allowance, 
including an acquisition under a long-term lease. 
"(3) Guidance.— 

"(A) In general. — Each year, the Administrator of 
the Environmental Protection Agency shall issue guidance 
identifying the makes and model numbers of vehicles that 
are low greenhouse gas emitting vehicles. 

"(B) Consideration.— In identifying vehicles under 
subparagraph (A), the Administrator shall take into 
account the most stringent standards for vehicle green- 
house gas emissions applicable to and enforceable against 
motor vehicle manufacturers for vehicles sold an3rwhere 
in the United States. 

"(C) Requirement.— The Administrator shall not iden- 
tify any vehicle as a low greenhouse gas emitting vehicle 
if the vehicle emits greenhouse gases at a higher rate 
than such standards allow for the manufacturer's fleet 
average grams per mile of carbon dioxide-equivalent emis- 
sions for that class of vehicle, taking into account any 
emissions allowances and adjustment factors such stand- 
ards provide.". 

SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS. 

Part J of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6374 et seq.) is amended by adding at the end the 
following: 

"SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS. 

"(a) Mandatory Reduction in Petroleum Consumption. — 

"(1) In general.— Not later than 18 months after the date 
of enactment of this section, the Secretary shall issue regula- 
tions for Federal fleets subject to section 400AA to require 
that, beginning in fiscal year 2010, each Federal agency shall 
reduce petroleum consumption and increase alternative fuel 
consumption each year by an amount necessary to meet the 
goals described in paragraph (2). 

"(2) Goals. — The goals of the requirements under para- 
graph (1) are that not later than October 1, 2015, and for 
each year thereafter, each Federal agency shall achieve at 
least a 20 percent reduction in annual petroleum consumption 
and a 10 percent increase in annual alternative fuel consump- 
tion, as calculated from the baseline established by the Sec- 
retary for fiscal year 2005. 

"(3) Milestones.— The Secretary shall include in the regu- 
lations described in paragraph (1) — 

"(A) interim numeric milestones to assess annual 

agency progress towards accomplishing the goals described 

in that paragraph; and 

"(B) a requirement that agencies annually report on 

progress towards meeting each of the milestones and the 

2015 goals. 
"(b) Plan.— 

"(1) Requirement. — 

"(A) In general. — The regulations under subsection 

(a) shall require each Federal agency to develop a plan, 

and implement the measures specified in the plan by dates 



49 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1519 

specified in the plan, to meet the required petroleum reduc- 
tion levels and the alternative fiiel consumption increases, 
including the milestones specified by the Secretary. 
"(B) Inclusions. — The plan shall— 

"(i) identify the specific measures the agency will 
use to meet the reqviirements of subsection (a)(2); and 
"(ii) quantify the reductions in petroleum consump- 
tion or increases in alternative fiiel consumption pro- 
jected to be achieved by each measure each year. 
"(2) Measures. — The plan may allow an agency to meet 
the required petroleum reduction level through — 
"(A) the use of alternative fuels; 

"(B) the acquisition of vehicles with higher fuel 
economy, including hybrid vehicles, neighborhood electric 
vehicles, electric vehicles, and plug-in hybrid vehicles if 
the vehicles are commercially available; 

"(C) the substitution of cars for light trucks; 
"(D) an increase in vehicle load factors; 
"(E) a decrease in vehicle miles traveled; 
"(F) a decrease in fleet size; and 
"(G) other measxires.". 

TITLE II— ENERGY SECURITY THROUGH 
INCREASED PRODUCTION OF BIOFUELS 

Subtitle A — ^Renewable Fuel Standard 

SEC. 201. DEFINITIONS. 

Section 211(o)(l) of the Clean Air Act (42 U.S.C. 7545(o)) is 
amended to read as follows: 

"(1) Definitions. — In this section: 

"(A) Additional renewable fuel. — The term 'addi- 
tional renewable fuel' means fuel that is produced from 
renewable biomass and that is used to replace or reduce 
the quantity of fossil fuel present in home heating oil 
or jet fiiel. 

"(B) Advanced biofuel.— 

"(i) In general.— The term 'advanced biofuel' 
means renewable fuel, other than ethanol derived from 
corn starch, that has lifecycle greenhouse gas emis- 
sions, as determined by the Administrator, after notice 
and opportvinity for comment, that are at least 50 
percent less than baseline lifecycle greenhouse gas 
emissions. 

"(ii) Inclusions. — The types of fuels eligible for 
consideration as 'advanced biofuel' may include any 
of the following: 

"(I) Ethanol derived from cellulose, hemi- 
cellulose, or lignin. 

"(II) Ethanol derived from sugar or starch 
(other than corn starch). 

"(Ill) Ethanol derived from waste material, 
including crop residue, other vegetative waste 
material, animal waste, and food waste and yard 
waste. 



50 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1549 

"(4) The Administrator, upon application of any manufacturer 
of any fuel or fuel additive, may waive the prohibitions established 
under paragraph (1) or (3) of this subsection or the limitation 
specified in paragraph (2) of this subsection, if he determines that 
the applicant has established that such fuel or fuel additive or 
a specified concentration thereof, and the emission products of 
such fuel or fuel additive or specified concentration thereof, will 
not cause or contribute to a failure of any emission control device 
or system (over the useful life of the motor vehicle, motor vehicle 
engine, nonroad engine or nonroad vehicle in which such device 
or system is used) to achieve compliance by the vehicle or engine 
with the emission standards with respect to which it has been 
certified pursuant to sections 206 and 213(a). The Administrator Notice. 
shall take final action to grant or deny an application submitted Deadline, 
under this paragraph, after public notice and comment, within 
270 days of the receipt of such an application.". 

TITLE III— ENERGY SAVINGS THROUGH 
IMPROVED STANDARDS FOR APPLI- 
ANCE AND LIGHTING 

Subtitle A — ^Appliance Energy Efficiency 

SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS. 

(a) Definitions. — Section 321 of the Energy Policy and Con- 
servation Act (42 U.S.C. 6291) is amended— 
(1) in paragraph (36) — 

(A) by striking "(36) The" and inserting the following: 
"(36) External power supply.— 

"(A) In general. — The"; and 

(B) by adding at the end the following: 

"(B) Active mode. — The term 'active mode' means the 
mode of operation when an external power supply is con- 
nected to the main electricity supply and the output is 
connected to a load. 

"(C) Class a external power supply.— 

"(i) In general. — The term 'class A external power 
supply' means a device that — 

"(I) is designed to convert line voltage AC 
input into lower voltage AC or DC output; 

"(II) is able to convert to only 1 AC or DC 
output voltage at a time; 

"(III) is sold with, or intended to be used with, 
a separate end-use product that constitutes the 
primary load; 

"(IV) is contained in a separate physical enclo- 
sure from the end-use product; 

"(V) is connected to the end-use product via 
a removable or hard-wired male/female electrical 
connection, cable, cord, or other wiring; and 

"(VI) has nameplate output power that is less 
than or equal to 250 watts. 

"(ii) Exclusions.— The term 'class A external 
power supply' does not include any device that — 



51 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1589 



"FLUORESCENT LAMPS— Continued 

Nominal a«:„;„,.„ Minimum Average T\..^^rv^ 

2-foot U-shaped >35 W 69 68.0 36 

<35W 45 64.0 36 

8-foot slimline 65 W 69 80.0 18 

S65W 45 80.0 18 

8-foot high output >100 W 69 80.0 18 

<100W 45 80.0 18 

"INCANDESCENT REFLECTOR LAMPS 

Minimum Average nate'^fPe- 
Nominal Lamp Wattage Lamp Efficacy • j n 

40-50 10.5 36 

51-66 11.0 36 

67-85 12.5 36 

86-115 14.0 36 

116-155 14.5 36 

156-205 15.0 36 

"(C) Exemptions. — ^The standards specified in subpara- 
graph (B) shall not apply to the following types of incandes- 
cent reflector lamps: 

"(i) Lamps rated at 50 watts or less that are ER30, 
BR30, BR40, or ER40 lamps. 

"(ii) Lamps rated at 65 watts that are BR30, BR40, 
or ER40 lamps. 

"(iii) R20 incandescent reflector lamps rated 45 
watts or less. 
"(D) Effective dates. — 

"(i) ER, BR, and bpar LAMPS. — The standards speci- 
fied in subparagraph (B) shall apply with respect to 
ER incandescent reflector lamps, BR incandescent 
reflector lamps, BPAR incandescent reflector lamps, 
and similar bulb shapes on and after January 1, 2008. 

"(ii) Lamps between 2.25-2.75 inches in 
DIAMETER. — The standards specified in subparagraph 
(B) shall apply with respect to incandescent reflector 
lamps with a diameter of more than 2.25 inches, but 
not more than 2.75 inches, on and after the later 
of January 1, 2008, or the date that is 180 days after 
the date of enactment of the Energy Independence 
and Security Act of 2007.". 

SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE 
ENERGY SYSTEMS. 

(a) Estimate of Energy Performance in Prospectus.— Sec- 
tion 3307(b) of title 40, United States Code, is amended — 

(1) by striking "and" at the end of paragraph (5); 

(2) by striking the period at the end of paragraph (6) 
and inserting "; and"; and 

(3) by inserting after paragraph (6) the following: 



52 



121 STAT. 1590 PUBLIC LAW 110-140— DEC. 19, 2007 

"(7) with respect to any prospectus for the construction, 
alteration, or acquisition of any building or space to be leased, 
an estimate of the future energy performance of the building 
or space and a specific description of the use of energy efficient 
and renewable energy systems, including photovoltaic systems, 
in carrying out the project.". 

(b) Minimum Performance Requirements for Leased 
Space. — Section 3307 of such title is amended — 

(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following: 

"(f) Minimum Performance Requirements for Leased 
Space. — With respect to space to be leased, the Administrator shall 
include, to the maximum extent practicable, minimum performance 
requirements requiring energy efficiency and the use of renewable 
energy.". 

(c) Use of Energy Efficient Lighting Fixtures and Bulbs. — 

(1) In general. — Chapter 33 of such title is amended — 

(A) by redesignating sections 3313, 3314, and 3315 
as sections 3314, 3315, and 3316, respectively; and 

(B) by inserting after section 3312 the following: 

''§3313. Use of energy efficient lighting fixtures and bulbs 

"(a) Construction, Alteration, and Acquisition of Public 
Buildings. — Each public building constructed, altered, or acquired 
by the Administrator of General Services shall be equipped, to 
the maximum extent feasible as determined by the Administrator, 
with lighting fixtures and bvdbs that are energy efficient. 

"(b) Maintenance of Public Buildings. — Each lighting fixture 
or bulb that is replaced by the Administrator in the normal course 
of maintenance of public buildings shall be replaced, to the max- 
imum extent feasible, with a lighting fixture or bulb that is energy 
efficient. 

"(c) Considerations. — In making a determination under this 

section concerning the feasibility of installing a lighting fixture 

or bulb that is energy efficient, the Administrator shall consider — 

"(1) the life-cycle cost effectiveness of the fixture or bulb; 

"(2) the compatibility of the fixture or bulb with existing 

equipment; 

"(3) whether use of the fixture or bulb could result in 
interference with productivity; 

"(4) the aesthetics relating to use of the fixture or bulb; 
and 

"(5) such other factors as the Administrator determines 
appropriate. 

"(d) Energy Star.— A lighting fixture or bulb shall be treated 
as being energy efficient for purposes of this section if — 

"(1) the fixture or bulb is certified imder the Energy Star 
program established by section 324A of the Energy Policy and 
Conservation Act (42 U.S.C. 6294a); 

"(2) in the case of all light-emitting diode (LED) luminaires, 
lamps, and systems whose efficacy (lumens per watt) and Color 
Rendering Index (CRI) meet the Department of Energy require- 
ments for minimum luminaire efficacy and CRI for the Energy 
Star certification, as verified by an independent third-party 
testing laboratory that the Administrator and the Secretary 



53 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1591 

of Energy determine conducts its tests according to the proce- 

dvires and recommendations of the Illuminating Engineering 

Society of North America, even if the luminaires, lamps, and 

systems have not received such certification; or 

"(3) the Administrator and the Secretary of Energy have 

otherwise determined that the fixture or bulb is energy efficient. 

"(e) Additional Energy Efficient Lighting Designations. — 
The Administrator of the Environmental Protection Agency and 
the Secretary of Energy shall give priority to establishing Energy 
Star performance criteria or Federal Energy Management Program 
designations for additional lighting product categories that are 
appropriate for use in public buildings. 

"(f) Guidelines. — The Administrator shall develop guidelines 
for the use of energy efficient lighting technologies that contain 
mercury in child care centers in public buildings. 

"(g) Applicability of Buy American Act. — ^Acquisitions car- 
ried out pursuant to this section shall be subject to the requirements 
of the Buy American Act (41 U.S.C. 10c et seq.). 

"(h) Effective Date. — The requirements of subsections (a) and 
(b) shall take effect 1 year after the date of enactment of this 
subsection.". 

(2) Clerical amendment. — The analysis for such chapter 

is amended by striking the items relating to sections 3313, 

3314, and 3315 and inserting the following: 

"3313. Use of energy efficient lighting fixtures and bulbs. 

"3314. Delegation. 

"3315. Report to Congress. 

"3316. Certain authority not affected.". 

(d) Evaluation Factor.— Section 3310 of such title is 
amended — 

(1) by redesignating paragraphs (3), (4), and (5) as para- 
graphs (4), (5), and (6), respectively; and 

(2) by inserting after paragraph (2) the following: 

"(3) shall include in the solicitation for any lease requiring 
a prospectus under section 3307 an evaluation factor consid- 
ering the extent to which the offeror will promote energy effi- 
ciency and the use of renewable energy;". 

SEC. 324. METAL HALmE LAMP FIXTURES. 

(a) Definitions. — Section 321 of the Energy Pohcy and Con- 
servation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) 
is amended by adding at the end the following: 

"(58) Ballast. — ^The term 'ballast' means a device used 
with an electric discharge lamp to obtain necessary circuit 
conditions (voltage, current, and waveform) for starting and 
operating. 

"(59) Ballast efficiency.— 

"(A) In general. — The term 'ballast efficiency' means, 
in the case of a high intensity discharge fixture, the effi- 
ciency of a lamp and ballast combination, expressed as 
a percentage, and calculated in accordance with the fol- 
lowing formula: Efficiency = Pout/Pin- 

"(B) Efficiency formula. — For the purpose of 
subparagraph (A) — 

"(i) Pout shall equal the measured operating lamp 
wattage; 



54 



121 STAT. 1596 PUBLIC LAW 110-140— DEC. 19, 2007 

"(I) is not technologically or economically fea- 
sible; or 

"(II) is not likely to assist consumers in 
making purchasing decisions."; and 
(2) by adding at the end the following: 
"(6) Authority to include additional product cat- 
egories. — The Commission may, by regulation, require labeling 
or other disclosures in accordance with this subsection for any 
consumer product not specified in this subsection or section 
322 if the Commission determines that labeling for the product 
is likely to assist consumers in making purchasing decisions.", 
(b) Content of Label. — Section 324(c) of the Energy Policy 
42 use 6294. and Conservation Act (42 U.S.C. 6924(c)) is amended by adding 

at the end the following: 

"(9) Discretionary application.— The Commission may 
apply paragraphs (1), (2), (3), (5), and (6) of this subsection 
to the labeling of any product covered by paragraph (2)(I) 
or (6) of subsection (a).". 

TITLE IV— ENERGY SAVINGS IN 
BUILDINGS AND INDUSTRY 

42 use 17061. SEC. 401. DEFINITIONS. 

In this title: 

(1) Administrator. — The term "Administrator" means the 
Administrator of General Services. 

(2) Advisory committee. — The term "Advisory Committee" 
means the Green Building Advisory Committee established 
under section 484. 

(3) COMMERCLy. director. — The term "Commercial 
Director" means the individual appointed to the position estab- 
lished under section 421. 

(4) Consortium. — The term "Consortium" means the High- 
Performance Green Building Partnership Consortium created 
in response to section 436(c)(1) to represent the private sector 
in a public-private partnership to promote high-performance 
green buildings and zero-net-energy commercial buildings. 

(5) Cost-effective lighting technology. — 

(A) In general. — The term "cost-effective lighting tech- 
nology" means a lighting technology that — 

(i) will result in substantial operational cost 
savings by ensuring an installed consumption of not 
more than 1 watt per square foot; or 

(ii) is contained in a list under — 

(I) section 553 of Public Law 95-619 (42 U.S.C. 
8259b); 

(II) Federal acquisition regulation 23-203; and 

(III) is at least as energy-conserving as 
required by other provisions of this Act, including 
the requirements of this title and title III which 
shall be applicable to the extent that they would 
achieve greater energy savings than provided 
under clause (i) or this clause. 

(B) Inclusions. — The term "cost-effective lighting tech- 
nology" includes — 

(i) lamps; 



55 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1607 

Subtitle C — High-Performance Federal 
Buildings 

SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS. 

Section 543(a)(1) of the National Energy Conservation Policy 
Act (42 U.S.C. 8253(a)(1)) is amended by striking the table and 
inserting the following: 

"Fiscal Year Percentage 

Reduction 

2006 2 

2007 4 

2008 9 

2009 12 

2010 15 

2011 18 

2012 21 

2013 24 

2014 27 

2015 30.". 

SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FED- 
ERAL BUILDINGS. 

Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is amended by adding at the end the following: 
"(f) Use of Energy and Water Efficiency Measures in 
Federal Buildings. — 

"(1) Definitions. — In this subsection: 

"(A) Commissioning.— The term 'commissioning', with 
respect to a facility, means a systematic process — 

"(i) of ensuring, using appropriate verification and 
documentation, during the period beginning on the 
initial day of the design phase of the facility and ending 
not earlier than 1 year after the date of completion 
of construction of the facility, that all facility systems 
perform interactively in accordance with — 

"(I) the design documentation and intent of 
the facility; and 

"(11) the operational needs of the owner of 
the facility, including preparation of operation per- 
sonnel; and 

"(ii) the primary goal of which is to ensure fully 
functional systems that can be properly operated and 
maintained during the useful life of the facility. 

"(B) ENERGY MANAGER.— 

"(i) In GENERAL. — The term 'energy manager', with 
respect to a facility, means the individual who is 
responsible for — 

"(I) ensuring compliance with this subsection 
by the facility; and 

"(II) reducing energy use at the facility, 
"(ii) Inclusions. — The term 'energy manager' may 
include — 

"(I) a contractor of a facility; 
"(II) a part-time employee of a facility; and 
"(III) an individual who is responsible for mul- 
tiple facilities. 
"(C) Facility.— 



56 



121 STAT. 1608 PUBLIC LAW 110-140— DEC. 19, 2007 

"(i) In general. — The term Tacility' means any 
building, installation, structure, or other property 
(including any applicable fixtures) owned or operated 
by, or constructed or manufactured and leased to, the 
Federal Government. 

"(ii) Inclusions.— The term 'facility' includes— 

"(I) a group of facilities at a single location 
or multiple locations managed as an integrated 
operation; and 

"(II) contractor-operated facilities owned by 
the Federal Government. 

"(iii) Exclusions.— The term Tacility' does not 
include any land or site for which the cost of utilities 
is not paid by the Federal Government. 
"(D) Life cycle cost-effective. — The term 'life cycle 
cost-effective', with respect to a measure, means a measure, 
the estimated savings of which exceed the estimated costs 
over the lifespan of the measure, as determined in accord- 
ance with section 544. 

"(E) Payback period. — 

"(i) In general. — Subject to clause (ii), the term 

'payback period', with respect to a measure, means 

a value equal to the quotient obtained by dividing — 

"(I) the estimated initial implementation cost 

of the measure (other than financing costs); by 

"(II) the annual cost savings resulting from 

the measure, including — 

"(aa) net savings in estimated energy and 
water costs; and 

"(bb) operations, maintenance, repair, 
replacement, and other direct costs, 
"(ii) Modifications and exceptions. — The Sec- 
retary, in guidelines issued pursuant to paragraph (6), 
may make such modifications and provide such excep- 
tions to the calculation of the payback period of a 
measure as the Secretary determines to be appropriate 
to achieve the purposes of this Act. 
"(F) Recommissioning.— The term 'recommissioning" 
means a process — 

"(i) of commissioning a facility or system beyond 
the project development and warranty phases of the 
facility or system; and 

"(ii) the primary goal of which is to ensure 
optimum performance of a facility, in accordance with 
design or current operating needs, over the useful life 
of the facility, while meeting building occupancy 
requirements. 

"(G) Retrocommissioning. — The term 'retrocommis- 
sioning' means a process of commissioning a facility or 
system that was not commissioned at the time of construc- 
tion of the facility or system. 
"(2) Facility energy managers. — 

"(A) In general.— Each Federal agency shall designate 
an energy manager responsible for implementing this sub- 
section and reducing energy use at each facility that meets 
criteria under subparagraph (B). 



57 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1609 



"(B) Covered facilities. — The Secretary shall develop Criteria, 
criteria, after consultation with affected agencies, energy 
efficiency advocates, and energy and utility service pro- 
viders, that cover, at a minimum, Federal facilities, 
including central utility plants and distribution systems 
and other energy intensive operations, that constitute at 
least 75 percent of facility energy use at each agency. 
"(3) Energy and water evaluations. — 

"(A) Evaluations.— Effective beginning on the date Effective date, 
that is 180 days after the date of enactment of this sub- 
section and annually thereafter, energy managers shall 
complete, for each calendar year, a comprehensive energy 
and water evaluation for approximately 25 percent of the 
facilities of each agency that meet the criteria under para- 
graph (2)(B) in a manner that ensures that an evaluation 
of each such facility is completed at least once every 4 
years. 

"(B) Recommissioning and retrocommissioning.— As 
part of the evaluation under subparagraph (A), the energy 
manager shall identify and assess recommissioning meas- 
ures (or, if the facility has never been commissioned, 
retrocommissioning measures) for each such facility. 
"(4) Implementation of identified energy and water 
efficiency measures. — Not later than 2 years after the Deadline. 
completion of each evaluation under paragraph (3), each energy 
manager may — 

"(A) implement any energy- or water-saving measure 
that the Federal agency identified in the evaluation con- 
ducted under paragraph (3) that is life cycle cost-effective; 
and 

"(B) bundle individual measures of varying paybacks 
together into combined projects. 

"(5) Follow-up on implemented measures. — For each 
measure implemented under paragraph (4), each energy man- 
ager shall ensure that — 

"(A) equipment, including building and equipment con- 
trols, is fully commissioned at acceptance to be operating 
at design specifications; 

"(B) a plan for appropriate operations, maintenance, 
and repair of the equipment is in place at acceptance 
and is followed; 

"(C) equipment and system performance is measured 
during its entire life to ensure proper operations, mainte- 
nance, and repair; and 

"(D) energy and water savings are measured and 
verified. 
"(6) Guidelines.— 

"(A) In general. — The Secretary shall issue guidelines Deadlines, 
and necessary criteria that each Federal agency shall follow 
for implementation of — 

"(i) paragraphs (2) and (3) not later than 180 days 

after the date of enactment of this subsection; and 
"(ii) paragraphs (4) and (5) not later than 1 year 

after the date of enactment of this subsection. 

"(B) Relationship to funding source. — The guide- 
lines issued by the Secretary under subparagraph (A) shall 
be appropriate and uniform for measures funded with each 



58 



121 STAT. 1610 



PUBLIC LAW 110-140— DEC. 19, 2007 



Deadline. 



Internet. 



type of funding made available under paragraph (10), but 
may distinguish between different types of measures 
project size, and other criteria the Secretary determines 
are relevant. 
"(7) Web-based certification. — 

"(A) In general.— For each facility that meets the 
criteria established by the Secretary under paragraph 
(2)(B), the energy manager shall use the web-based 
tracking system under subparagraph (B) to certify compli- 
ance with the requirements for — 

"(i) energy and water evaluations under paragraph 
(3); 

"(ii) implementation of identified energy and water 
measures under paragraph (4); and 

"(iii) follow-up on implemented measures under 
paragraph (5). 
"(B) Deployment. — 

"(i) In general. — Not later than 1 year after the 
date of enactment of this subsection, the Secretary 
shall develop and deploy a web-based tracking system 
required under this paragraph in a manner that tracks, 
at a minimum — 

"(I) the covered facilities; 

"(II) the status of meeting the requirements 
specified in subparagraph (A); 

"(III) the estimated cost and savings for meas- 
ures required to be implemented in a facility; 

"(IV) the measured savings and persistence 
of savings for implemented measures; and 

"(V) the benchmarking information disclosed 
under paragraph (8)(C). 

"(ii) Ease of compliance.— The Secretary shall 
ensure that energy manager compliance with the 
requirements in this paragraph, to the maximum 
extent practicable — 

"(I) can be accomplished with the use of 
streamlined procedures and templates that mini- 
mize the time demands on Federal employees; and 
"(II) is coordinated with other applicable 
energy reporting requirements. 
"(C) Availability.— 

"(i) In general. — Subject to clause (ii), the Sec- 
retary shall make the web-based tracking system 
required under this paragraph available to Congress, 
other Federal agencies, and the public through the 
Internet. 

"(ii) Exemptions. — At the request of a Federal 
agency, the Secretary may exempt specific data for 
specific facilities from disclosure under clause (i) for 
national security purposes. 
"(8) Benchmarking of federal facilities. — 

"(A) In general. — The energy manager shall enter 
energy use data for each metered building that is (or is 
a part of) a facility that meets the criteria established 
by the Secretary under paragraph (2)(B) into a building 
energy use benchmarking system, such as the Energy Star 
Portfolio Manager. 



59 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1611 



"(B) System and guidance.— Not later than 1 year Deadline, 
after the date of enactment of this subsection, the Secretary 
shall— 

"(i) select or develop the building energy use 
benchmarking system required under this paragraph 
for each type of building; and 

"(ii) issue guidance for use of the system. 
"(C) Public disclosure.— Each energy manager shall 
post the information entered into, or generated by, a 
benchmarking system under this subsection, on the web- 
based tracking system under paragraph (7)(B). The energy 
manager shall update such information each year, and 
shall include in such reporting previous years' information 
to allow changes in building performance to be tracked 
over time. 
"(9) Federal agency scorecards.— 

"(A) In general.— The Director of the Office of 
Management and Budget shall issue semiannual scorecards 
for energy management activities carried out by each Fed- 
eral agency that includes — 

"(i) simimaries of the status of implementing the 
various requirements of the agency and its energy 
managers under this subsection; and 

"(ii) any other means of measuring performance 
that the Director considers appropriate. 

"(B) Availability. — ^The Director shall make the score- Internet. 
cards required under this paragraph available to Congress, 
other Federal agencies, and the public through the Internet. 
"(10) Funding and implementation.— 

"(A) Authorization of appropriations.— There are 
authorized to be appropriated such sums as are necessary 
to carry out this subsection. 
"(B) Funding options.— 

"(i) In general. — To carry out this subsection, 
a Federal agency may use any combination of— 

"(I) appropriated funds made available under 
subparagraph (A); and 

"(II) private financing otherwise authorized 
under Federal law, including financing available 
through energy savings performance contracts or 
utility energy service contracts, 
"(ii) Combined funding for same measure. — A 
Federal agency may use any combination of appro- 
priated funds and private financing described in clause 
(i) to carry out the same measure under this subsection. 
"(C) Implementation. — Each Federal agency may 
implement the requirements under this subsection itself 
or may contract out performance of some or all of the 
requirements. 

"(11) Rule of construction.— This subsection shall not 
be construed to require or to obviate any contractor savings 
guarantees.". 



60 



121 STAT. 1612 



PUBLIC LAW 110-140— DEC. 19, 2007 



SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
STANDARDS. 

(a) Standards.— Section 305(a)(3) of the Energy Conservation 
and Production Act (42 U.S.C. 6834(a)(3)) is amended by adding 
at the end the following new subparagraph: 
Deadline. "(D) Not later than 1 year after the date of enactment of 

Regulations. the Energy Independence and Security Act of 2007, the Secretary 

shall establish, by rule, revised Federal building energy efficiency 
performance standards that require that: 

"(i) For new Federal buildings and Federal buildings under- 
going major renovations, with respect to which the Adminis- 
trator of General Services is required to transmit a prospectus 
to Congress under section 3307 of title 40, United States Code, 
in the case of public buildings (as defined in section 3301 
of title 40, United States Code), or of at least $2,500,000 in 
costs adjusted annually for inflation for other buildings: 

"(I) The buildings shall be designed so that the fossil 
fuel-generated energy consumption of the buildings is 
reduced, as compared with such energy consumption by 
a similar building in fiscal year 2003 (as measured by 
Commercial Buildings Energy Consumption Survey or Resi- 
dential Energy Consumption Survey data from the Energy 
Information Agency), by the percentage specified in the 
following table: 



Applicability. 
Deadline. 



"Fiscal Year Percentage Reduction 

2010 55 

2015 65 

2020 80 

2025 90 

2030 100. 

"(II) Upon petition by an agency subject to this 
subparagraph, the Secretary may adjust the applicable 
numeric requirement under subclause (I) downward with 
respect to a specific building, if the head of the agency 
designing the building certifies in writing that meeting 
such requirement would be technically impracticable in 
light of the agency's specified functional needs for that 
building and the Secretary concurs with the agency's 
conclusion. This subclause shall not apply to the General 
Services Administration. 

"(Ill) Sustainable design principles shall be applied 
to the siting, design, and construction of such buildings. 
Not later than 90 days after the date of enactment of 
the Energy Independence and Security Act of 2007, the 
Secretary, after reviewing the findings of the Federal 
Director under section 436(h) of that Act, in consultation 
with the Administrator of General Services, and in con- 
sultation with the Secretary of Defense for considerations 
relating to those facilities under the custody and control 
of the Department of Defense, shall identify a certification 
system and level for green buildings that the Secretary 
determines to be the most likely to encourage a comprehen- 
sive and environmentally-sound approach to certification 
of green buildings. The identification of the certification 
system and level shall be based on a review of the Federal 



61 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1613 



Director's findings under section 436(h) of the Energy 
Independence and Security Act of 2007 and the criteria 
specified in clause (iii), shall identify the highest level 
the Secretary determines is appropriate above the min- 
imum level required for certification under the system 
selected, and shall achieve results at least comparable to 
the system used by and highest level referenced by the 
General Services Administration as of the date of enact- 
ment of the Energy Independence and Security Act of 2007. 
Within 90 days of the completion of each study required Deadline. 
by clause (iv), the Secretary, in consultation with the 
Administrator of General Services, and in consultation with 
the Secretary of Defense for considerations relating to those 
facilities under the custody and control of the Department 
of Defense, shall review and update the certification system 
and level, taking into account the conclusions of such study, 
"(ii) In establishing criteria for identif3dng major renova- 
tions that are subject to the requirements of this subparagraph, 
the Secretary shall take into account the scope, degree, and 
types of renovations that are likely to provide significant 
opportunities for substantial improvements in energy efficiency, 
"(iii) In identif)dng the green building certification system 
and level, the Secretary shall take into consideration — 

"(I) the ability and availability of assessors and audi- 
tors to independently verify the criteria and measurement 
of metrics at the scale necessary to implement this subpara- 
graph; 

"(II) the ability of the applicable certification organiza- 
tion to collect and reflect public comment; 

"(III) the ability of the standard to be developed and 
revised through a consensus-based process; 

"(IV) an evaluation of the robustness of the criteria 
for a high-performance green building, which shall give 
credit for promoting — 

"(aa) efficient and sustainable use of water, energy, 
and other natural resources; 

"(bb) use of renewable energy sources; 
"(cc) improved indoor environmental quality 
through enhanced indoor air quality, thermal comfort, 
acoustics, day lighting, pollutant source control, and 
use of low-emission materials and building system con- 
trols; and 

"(dd) such other criteria as the Secretary deter- 
mines to be appropriate; and 

"(V) national recognition within the building industry, 
"(iv) At least once every 5 years, and in accordance with Study. 
section 436 of the Energy Independence and Security Act of 
2007, the Administrator of General Services shall conduct a 
study to evaluate and compare available third-party green 
building certification systems and levels, taking into account 
the criteria listed in clause (iii). 

"(v) The Secretary may by rule allow Federal agencies 
to develop internal certification processes, using certified profes- 
sionals, in lieu of certification by the certification entity identi- 
fied under clause (i)(III). The Secretary shall include in any Guidelines. 
such rule guidelines to ensure that the certification process 
results in buildings meeting the applicable certification system 



62 



121 STAT. 1614 



PUBLIC LAW 110-140— DEC. 19, 2007 



Deadline. 
42 use 6834 
note. 



Deadline. 



Deadline. 



and level identified under clause (i)(III). An agency employing 
an internal certification process must continue to obtain 
external certification by the certification entity identified under 
clause (iXIII) for at least 5 percent of the total number of 
buildings certified annually by the agency. 

"(vi) With respect to privatized military housing, the Sec- 
retary of Defense, after consultation with the Secretary may, 
through rulemaking, develop alternative criteria to those estab- 
lished by subclauses (I) and (III) of clause (i) that achieve 
an equivalent result in terms of energy savings, sustainable 
design, and green building performance. 

"(vii) In addition to any use of w^ater conservation tech- 
nologies otherwise required by this section, water conservation 
technologies shall be applied to the extent that the technologies 
are life-cycle cost-effective.". 

(b) Definitions.— Section 303(6) of the Energy Conservation 
and Production Act (42 U.S.C. 6832(6)) is amended by striking 
"which is not legally subject to State or local building codes or 
similar requirements." and inserting ". Such term shall include 
buildings built for the pvurpose of being leased by a Federal agency, 
and privatized military housing.". 

(c) Revision of Federal Acquisition Regulation. — Not later 
than 2 years after the date of the enactment of this Act, the 
Federal Acquisition Regulation shall be revised to require Federal 
officers and employees to comply with this section and the amend- 
ments made by this section in the acquisition, construction, or 
major renovation of any facility. The members of the Federal 
Acquisition Regulatory Council (established under section 25 of 
the Office of Federal Procurement Pohcy Act (41 U.S.C. 421)) shall 
consult with the Federal Director and the Commercial Director 
before promulgating regulations to carry out this subsection. 

(d) Guidance. — Not later than 90 days after the date of 
promulgation of the revised regulations under subsection (c), the 
Administrator for Federal Procurement Policy shall issue guidance 
to all Federal procurement executives providing direction and 
instructions to renegotiate the design of proposed facilities and 
major renovations for existing facilities to incorporate improvements 
that are consistent with this section. 

SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY. 

(a) Large Capital Energy Investments.— Section 543 of the 
National Energy Conservation Policy Act (42 U.S.C. 8253) is 
amended by adding at the end the following: 
"(f) Large Capital Energy Investments. — 

"(1) In general. — Each Federal agency shall ensure that 
any large capital energy investment in an existing building 
that is not a major renovation but involves replacement of 
installed equipment (such as heating and cooling systems), 
or involves renovation, rehabilitation, expansion, or remodeling 
of existing space, employs the most energy efficient designs, 
systems, equipment, and controls that are life-cycle cost effec- 
tive. 

"(2) Process for review of investment decisions. — Not 
later than 180 days after the date of enactment of this sub- 
section, each Federal agency shall — 



63 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1615 



"(A) develop a process for reviewing each decision made 
on a large capital energy investment described in para- 
graph (1) to ensure that the requirements of this subsection 
are met; and 

"(B) report to the Director of the Office of Management Reports. 
and Budget on the process established. 
"(3) Compliance report. — Not later than 1 year after the 
date of enactment of this subsection, the Director of the Office 
of Management and Budget shall evaluate and report to Con- 
gress on the compliance of each agency with this subsection.", 
(b) Metering. — Section 543(e)(1) of the National Energy Con- 
servation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting 
after the second sentence the following: "Not later than October Deadline. 
1, 2016, each agency shall provide for equivalent metering of natural 
gas and steam, in accordance with guidelines established by the 
Secretary under paragraph (2).". 

SEC. 435. LEASING. 42 USC 17091. 

(a) In General. — Except as provided in subsection (b), effective Effective date, 
beginning on the date that is 3 years after the date of enactment 

of this Act, no Federal agency shall enter into a contract to lease 
space in a building that has not earned the Energy Star label 
in the most recent year. 

(b) Exception.— 

(1) Application. — This subsection applies if— 

(A) no space is available in a building described in 
subsection (a) that meets the functional requirements of 
an agency, including locational needs; 

(B) the agency proposes to remain in a building that 
the agency has occupied previously; 

(C) the agency proposes to lease a building of historical, 
architectm-al, or cultural significance (as defined in section 
3306(a)(4) of title 40, United States Code) or space in 
such a building; or 

(D) the lease is for not more than 10,000 gross square 
feet of space. 

(2) Buildings without energy star label.— If one of Deadline, 
the conditions described in paragraph (2) is met, the agency 

may enter into a contract to lease space in a building that 
has not earned the Energy Star label in the most recent year 
if the lease contract includes provisions requiring that, prior 
to occupancy or, in the case of a contract described in paragraph 
(1)(B), not later than 1 year after signing the contract, the 
space will be renovated for all energy efficiency and conserva- 
tion improvements that would be cost effective over the life 
of the lease, including improvements in lighting, windows, and 
heating, ventilation, and air conditioning systems. 

(c) Revision of Federal Acquisition Regulation.— 

(1) In general. — Not later than 3 years after the date Deadline. 
of the enactment of this Act, the Federal Acquisition Regulation 
described in section 6(a) of the Office of Federal Procurement 

Policy Act (41 U.S.C. 405(a)) shall be revised to require Federal 
officers and employees to comply with this section in leasing 
buildings. 

(2) Consultation.— The members of the Federal Acquisi- 
tion Regulatory Council established under section 25 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall 



64 



121 STAT. 1616 PUBLIC LAW 110-140— DEC. 19, 2007 

consult with the Federal Director and the Commercial Director 
before promulgating regulations to carry out this subsection. 

42 use 17092. SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUIUDINGS. 

Deadline. (a) ESTABLISHMENT OF OFFICE. — Not later than 60 days after 

the date of enactment of this Act, the Administrator shall establish 
within the General Services Administration an Office of Federal 
High-Performance Green Buildings, and appoint an individual to 
serve as Federal Director in, a position in the career-reserved 
Senior Executive service, to — 

(1) establish and manage the Office of Federal High- 
Performance Green Buildings; and 

(2) carry out other duties as required under this subtitle. 

(b) Compensation. — The compensation of the Federal Director 
shall not exceed the maximum rate of basic pay for the Senior 
Executive Service under section 5382 of title 5, United States Code, 
including any applicable locality-based comparability payment that 
may be authorized under section 5304(h)(2)(C) of that title. 

(c) Duties. — The Federal Director shall — 

(1) coordinate the activities of the Office of Federal High- 
Performance Green Buildings with the activities of the Office 
of Commercial High-Performance Green Buildings, and the Sec- 
retary, in accordance with section 305(a)(3)(D) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)); 

(2) ensure full coordination of high-performance green 
building information and activities within the General Services 
Administration and all relevant agencies, including, at a min- 
imum — 

(A) the Environmental Protection Agency; 

(B) the Office of the Federal Environmental Executive; 

(C) the Office of Federal Procurement Policy; 

(D) the Department of Energy; 

(E) the Department of Health and Human Services; 

(F) the Department of Defense; 

(G) the Department of Transportation; 

(H) the National Institute of Standards and Tech- 
nology; and 

(I) the Office of Science and Technology Policy; 

(3) establish a senior-level Federal Green Building Advisory 
Committee under section 474, which shall provide advice and 
recommendations in accordance with that section and sub- 
section (d); 

(4) identify and every 5 years reassess improved or higher 
rating standards recommended by the Advisory Committee; 

(5) ensure full coordination, dissemination of information 
regarding, and promotion of the results of research and develop- 
ment information relating to Federal high-performance green 
building initiatives; 

(6) identify and develop Federal high-performance green 
building standards for all types of Federal facilities, consistent 
with the requirements of this subtitle and section 305(a)(3)(D) 
of the Energy Conservation and Production Act (42 U.S.C. 
6834(a)(3)(D)); 

(7) establish green practices that can be used throughout 
the life of a Federal facility; 



65 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1617 

(8) review and analyze current Federal budget practices 
and life-cycle costing issues, and make recommendations to 
Congress, in accordance with subsection (d); and 

(9) identify opportunities to demonstrate innovative and 
emerging green building technologies and concepts. 

(d) Additional Duties. — The Federal Director, in consultation 
with the Commercial Director and the Advisory Committee, and 
consistent with the requirements of section 305(a)(3)(D) of the 
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) 
shall— 

(1) identify, review, and analyze current budget and con- 
tracting practices that affect achievement of high-performance 
green bvdldings, including the identification of barriers to high- 
performance green building life-cycle costing and budgetary 
issues; 

(2) develop guidance and conduct training sessions with 
budget specialists and contracting personnel from Federal agen- 
cies and budget examiners to apply life-cycle cost criteria to 
actual projects; 

(3) identify tools to aid life-cycle cost decisionmaking; and 

(4) explore the feasibility of incorporating the benefits of 
high-performance green buildings, such as security benefits, 
into a cost-budget analysis to aid in life-cycle costing for budget 
and decisionmaking processes. 

(e) Incentives. — Within 90 days after the date of enactment Deadline, 
of this Act, the Federal Director shall identify incentives to encour- 
age the expedited use of high-performance green buildings and 
related technology in the operations of the Federal Government, 

in accordance with the requirements of section 305(a)(3)(D) of the 
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), 
including through — 

(1) the provision of recognition awards; and 

(2) the maximum feasible retention of financial savings 
in the annual budgets of Federal agencies for use in reinvesting 
in future high-performance green building initiatives. 

(f) Report. — Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Federal Director, in con- 
sultation with the Secretary, shall submit to Congress a report 
that— 

(1) describes the status of compliemce with this subtitle, 
the requirements of section 305(a)(3)(D) of the Energy Con- 
servation and Production Act (42 U.S.C. 6834(a)(3)(D)), and 
other Federal high-performance green building initiatives in 
effect as of the date of the report, including — 

(A) the extent to which the programs are being carried 
out in accordance with this subtitle and the requirements 
of section 305(a)(3)(D) of that Act; and 

(B) the status of funding requests and appropriations 
for those programs; 

(2) identifies within the planning, budgeting, and construc- 
tion process all types of Federal facility procedures that may 
affect the certification of new and existing Federal facilities 
as high-performance green buildings under the provisions of 
section 305(a)(3)(D) of that Act and the criteria established 
in subsection (h); 



66 



121 STAT. 1618 



PUBLIC LAW 110-140— DEC. 19, 2007 



Deadline. 



Study. 
Deadline. 



(3) identifies inconsistencies, as reported to the Advisory 
Committee, in Federal law with respect to product acquisition 
guidelines and high-performance product guidelines; 

(4) recommends language for uniform standards for use 
by Federal agencies in environmentally responsible acquisition; 

(5) in coordination with the Office of Management and 
Budget, reviews the budget process for capital programs with 
respect to alternatives for — 

(A) restructuring of budgets to require the use of com- 
plete energy and environmental cost accounting; 

(B) using operations expenditures in budget-related 
decisions while simultaneously incorporating productivity 
and health measures (as those measures can be quantified 
by the Office of Federal High-Performance Green Buildings, 
with the assistance of universities and national labora- 
tories); 

(C) streamlining measures for permitting Federal agen- 
cies to retain all identified savings accrued as a result 
of the use of life-cycle costing for future high-performance 
green building initiatives; and 

(D) identifying short-term and long-term cost savings 
that accrue from high-performance green buildings, 
including those relating to health and productivity; 

(6) identifies green, self-sustaining technologies to address 
the operational needs of Federal facilities in times of national 
security emergencies, natural disasters, or other dire emer- 
gencies; 

(7) summarizes and highlights development, at the State 
and local level, of high-performance green building initiatives, 
including executive orders, policies, or laws adopted promoting 
high-performance green building (including the status of 
implementation of those initiatives); and 

(8) includes, for the 2-year period covered by the report, 
recommendations to address each of the matters, and a plan 
for implementation of each recommendation, described in para- 
graphs (1) through (7). 

(g) Implementation. — The Office of Federal High-Performance 
Green Buildings shall carry out each plan for implementation of 
recommendations under subsection (f)(8). 

(h) Identification of Certification System.— 

(1) In general. — For the purpose of this section, not later 
than 60 days after the date of enactment of this Act, the 
Federal Director shall identify and shall provide to the Sec- 
retary pursuant to section 305(a)(3)(D) of the Energy Conserva- 
tion and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification 
system that the Director determines to be the most likely 
to encourage a comprehensive and environmentally-sound 
approach to certification of green buildings. 

(2) Basis. — ^The system identified under paragraph (1) shall 
be based on — 

(A) a study completed every 5 years and provided 
to the Secretary pursuant to section 305(a)(3)(D) of that 
Act, which shall be carried out by the Federal Director 
to compare and evaluate standards; 

(B) the ability and availabihty of assessors and audi- 
tors to independently verify the criteria and measurement 
of metrics at the scale necessary to implement this subtitle; 



67 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1619 



(C) the ability of the applicable standard-setting 
organization to collect and reflect public comment; 

(D) the ability of the standard to be developed and 
revised through a consensus-based process; 

(E) an evaluation of the robustness of the criteria for 
a high-performance green building, which shall give credit 
for promoting — 

(i) efficient and sustainable use of water, energy, 
and other natural resources; 

(ii) use of renewable energy sources; 

(iii) improved indoor environmental quality 
through enhanced indoor air quality, thermal comfort, 
acoustics, day lighting, pollutant source control, and 
use of low-emission materials and building system con- 
trols; 

(iv) reduced impacts from transportation through 
building location and site design that promote access 
by public transportation; and 

(v) such other criteria as the Federal Director 
determines to be appropriate; and 

(F) national recognition within the building industry. 

SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE. 42 USC 17093. 

(a) In General. — Not later than October 31 of each of the Deadline. 
2 fiscal years following the fiscal year in which this Act is enacted, 

and at such times thereafter as the Comptroller General of the 
United States determines to be appropriate, the Comptroller Gen- 
eral of the United States shall, with respect to the fiscal years 
that have passed since the preceding report — 

(1) conduct an audit of the implementation of this subtitle. Audit, 
section 305(a)(3)(D) of the Energy Conservation and Production 

Act (42 U.S.C. 6834(a)(3)(D)), and section 435; and 

(2) submit to the Federal Director, the Advisory Committee, Reports, 
the Administrator, and Congress a report describing the results 

of the audit. 

(b) Contents. — ^An audit under subsection (a) shall include 
a review, with respect to the period covered by the report under 
subsection (a)(2), of — 

(1) budget, life-cycle costing, and contracting issues, using 
best practices identified by the Comptroller General of the 
United States and heads of other agencies in accordance with 
section 436(d); 

(2) the level of coordination among the Federal Director, 
the Office of Management and Budget, the Department of 
Energy, and relevant agencies; 

(3) the performance of the Federal Director and other agen- 
cies in carrying out the implementation plan; 

(4) the design stage of high-performance green building 
measures; 

(5) high-performance building data that were collected and 
reported to the Office; and 

(6) such other matters as the Comptroller General of the 
United States determines to be appropriate. 

(c) Environmental Stewardship Scorecard.— The Federal 
Director shall constdt with the Advisory Committee to enhance, 
and assist in the implementation of, the Office of Management 
and Budget government efficiency reports and scorecards under 



68 



121 STAT. 1620 PUBLIC LAW 110-140— DEC. 19, 2007 

section 528 and the Environmental Stewardship Scorecard 
announced at the White House summit on Federal sustainable 
buildings in January 2006, to measure the implementation by each 
Federal agency of sustainable design and green building initiatives. 

42 use 17094. SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL 

DEVELOPMENT PROJECTS. 

The sponsor of any development or redevelopment project 
involving a Federal facility with a footprint that exceeds 5,000 
square feet shall use site planning, design, construction, and 
maintenance strategies for the property to maintain or restore, 
to the maximum extent technically feasible, the predevelopment 
hydrology of the property with regard to the temperature, rate, 
volume, and duration of flow. 

42 use 17095. SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM. 

(a) Definition of Administrator. — In this section, the term 
"Administrator" means the Administrator of General Services. 

(b) Establishment. — 

(1) In GENERAL. — The Administrator shall establish a pro- 
gram to accelerate the use of more cost-effective technologies 
and practices at GSA facilities. 

(2) Requirements. — The program established under this 
subsection shall — 

(A) ensure centralized responsibility for the coordina- 
tion of cost reduction-related recommendations, practices, 
and activities of all relevant Federal agencies; 

(B) provide technical assistance and operational guid- 
ance to applicable tenants to achieve the goal identified 
in subsection (c)(2)(B)(ii); 

(C) establish methods to track the success of Federal 
departments and agencies with respect to that goal; and 

(D) be fully coordinated with and no less stringent 
nor less energy-conserving or water-conserving than 
required by other provisions of this Act and other applicable 
law, including sections 321 through 324, 431 through 438, 
461, 511 through 518, and 523 through 525 and amend- 
ments made by those sections. 

(c) Accelerated Use of Technologies. — 

(1) Review. — 
Deadline. (A) In GENERAL. — ^As part of the program under this 

section, not later than 90 days after the date of enactment 
of this Act, the Administrator shall conduct a review of— 
(i) current use of cost-effective lighting technologies 
and geothermal heat pumps in GSA facilities; and 

(ii) the availability to managers of GSA facilities 
of cost-effective lighting technologies and geothermal 
heat pumps. 

(B) Requirements. — The review under subparagraph 
(A) shall— 

(i) examine the use of cost-effective lighting tech- 
nologies, geothermal heat pumps, and other cost-effec- 
tive technologies and practices by Federal agencies 
in GSA facilities; and 

(ii) as prepared in consultation with the Adminis- 
trator of the Environmental Protection Agency, identify 
cost-effective lighting technology and geothermal heat 



69 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1621 



pump technology standards that could be used for all 
types of GSA facilities. 
(2) Replacement. — 

(A) In general. — As part of the program under this Deadline, 
section, not later than 180 days after the date of enactment 

of this Act, the Administrator shall establish, using avail- 
able appropriations and programs implementing sections 
432 and 525 (and amendments made by those sections), 
a cost-effective lighting technology and geothermal heat 
pump technology acceleration program to achieve maximum 
feasible replacement of existing lighting, heating, cooling 
technologies with cost-effective hghting technologies and 
geothermal heat pump technologies in each GSA facility. 
Such program shall fully comply with the requirements 
of sections 321 through 324, 431 through 438, 461, 511 
through 518, and 523 through 525 and Etmendments made 
by those sections and any other provisions of law, which 
shall be applicable to the extent that they are more strin- 
gent or would achieve greater energy savings than required 
by this section. 

(B) Acceleration plan timetable. — 

(i) In general. — To implement the program estab- Deadline, 
lished under subparagraph (A), not later than 1 year 
after the date of enactment of this Act, the Adminis- 
trator shall establish a timetable of actions to comply 
with the requirements of this section and sections 431 
through 435, whichever achieves greater energy 
savings most expeditiously, including milestones for 
specific activities needed to replace existing lighting, 
heating, cooUng technologies with cost-effective lighting 
technologies and geothermal heat pump technologies, 
to the maximum extent feasible (including at the max- 
imum rate feasible), at each GSA facility. 

(ii) Goal. — The goed of the timetable under clause 
(i) shall be to complete, using available appropriations 
and programs implementing sections 431 through 435 
(and amendments made by those sections), maximtun 
feasible replacement of existing lighting, heating, and 
cooling technologies with cost-effective lighting tech- 
nologies and geothermal heat pump technologies con- 
sistent with the requirements of this section and sec- 
tions 431 through 435, whichever achieves greater 
energy savings most expeditiously. Notwithstanding 
any provision of this section, such program shall fully 
comply with the reqviirements of the Act including 
sections 321 through 324, 431 through 438, 461, 511 
through 518, and 523 through 525 and amendments 
made by those sections and other provisions of law, 
which shall be applicable to the extent that they are 
more stringent or would achieve greater energy or 
water savings than required by this section, 
(d) GSA Facility Technologies and Practices.— 

(1) In general. — Not later than 180 days after the date Deadline. 
of enactment of this Act, and annually thereafter, the Adminis- 
trator shall — 

(A) ensure that a manager responsible for imple- 
menting section 432 and for accelerating the use of cost- 



70 



121 STAT. 1622 



PUBLIC LAW 110-140— DEC. 19, 2007 



Plan. 



Deadline. 



Deadline. 



effective technologies and practices is designated for each 
GSA facihty; and 

(B) submit to Congress a plan to comply with section 
432, this section, and other applicable provisions of this 
Act and applicable law with respect to energy and water 
conservation at GSA facilities. 

(2) Measures. — The plan shall implement measures 
required by such other provisions of law in accordance with 
those provisions, and shall implement the measures required 
by this section to the maximum extent feasible (including at 
tJhe maximum rate feasible) using available appropriations and 
programs implementing sections 431 through 435 and 525 (and 
amendments made by those sections), by not later than the 
date that is 5 years after the date of enactment of this Act. 

(3) Contents of plan. — The plan shall — 

(A) with respect to cost-effective technologies and prac- 
tices — 

(i) identify the specific activities needed to comply 
with sections 431 through 435; 

(ii) identify the specific activities needed to achieve 
at least a 20-percent reduction in operational costs 
through the application of cost-effective technologies 
and practices from 2003 levels at GSA facilities by 
not later than 5 years after the date of enactment 
of this Act; 

(iii) describe activities required and carried out 
to estimate the funds necessary to achieve the reduc- 
tion described in clauses (i) and (ii); 

(B) include an estimate of the funds necessary to carry 
out this section; 

(C) describe the status of the implementation of cost- 
effective technologies and practices at GSA facilities, 
including — 

(i) the extent to which programs, including the 
program established under subsection (b), are being 
carried out in accordance with this subtitle; and 

(ii) the status of funding requests and appropria- 
tions for those programs; 

(D) identify within the planning, budgeting, and 
construction processes, all types of GSA facility-related 
procedures that inhibit new and existing GSA facilities 
from implementing cost-effective technologies; 

(E) recommend language for uniform standards for 
use by Federal agencies in implementing cost-effective tech- 
nologies and practices; 

(F) in coordination with the Office of Management 
and Budget, review the budget process for capital programs 
with respect to alternatives for — 

(i) implementing measures that will assure that 
Federal agencies retain all identified savings accrued 
as a result of the use of cost-effective technologies, 
consistent with section 543(a)(1) of the National Energy 
Conservation PoHcy Act (42 U.S.C. 8253(a)(1), and 
other applicable law; and 

(ii) identifying short- and long-term cost savings 
that accrue from the use of cost-effective technologies 
and practices; 



71 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1623 

(G) with respect to cost-effective technologies and prac- 
tices, achieve substantial operational cost savings through 
the application of the technologies; and 

(H) include recommendations to address each of the 
matters, and a plan for implementation of each rec- 
ommendation, described in subparagraphs (A) through (G). 
(4) Administration. — Notwithstanding any provision of 
this section, the program required under this section shall 
fully comply with the requirements of sections 321 through 
324, 431 through 438, 461, 511 through 518, and 523 through 
525 and amendments made by those sections, which shall be 
applicable to the extent that they are more stringent or would 
achieve greater energy or water savings than required by this 
section. 

(e) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as are necessary to carry out this 
section, to remain available until expended. 

SEC. 440. AUTHORIZATION OF APPROPRIATIONS. 42 USC 17096. 

There is authorized to be appropriated to carry out sections 
434 through 439 and 482 $4,000,000 for each of fiscal years 2008 
through 2012, to remain available until expended. 

SEC. 441. PUBLIC BUILDING LDFE-CYCLE COSTS. 

Section 544(a)(1) of the National Energy Conservation Policy 
Act (42 U.S.C. 8254(a)(1)) is amended by striking "25" and inserting 
"40". 

Subtitle D — Industrial Energy Efficiency 

SEC. 451. INDUSTRIAL ENERGY EFFICIENCY. 

(a) In General.— Title III of the Energy Pohcy and Conserva- 
tion Act (42 U.S.C. 6291 at seq.) is amended by inserting after 
part D the following: 

"PART E— INDUSTRIAL ENERGY EFFICIENCY 

"SEC. 371. DEFINITIONS. 42 USC 6341. 

"In this part: 

"(1) Administrator.— The term Administrator' means the 
Administrator of the Environmental Protection Agency. 

"(2) Combined heat and power. — The term 'combined heat 
and power system' means a facility that — 

"(A) simultaneously and efficiently produces useful 

thermal energy and electricity; and 

"(B) recovers not less than 60 percent of the energy 

value in the fuel (on a higher-heating-value basis) in the 

form of useful thermal energy and electricity. 

"(3) Net excess power. — ^The term 'net excess power' 
means, for any facility, recoverable waste energy recovered 
in the form of electricity in quantities exceeding the total 
consumption of electricity at the specific time of generation 
on the site at which the facility is located. 

"(4) Project. — The term 'project' means a recoverable 
waste energy project or a combined heat and power system 
project. 



72 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1655 

(2) availability of venture capital; 

(3) availability of other sources of private equity; 

(4) investment banking with respect to corporate finance; 

(5) investment banking with respect to mergers and acquisi- 
tions; 

(6) equity capital markets; 

(7) debt capital markets; 

(8) research analysis; 

(9) sales and trading; 

(10) commercial lending; and 

(11) residential lending. 

(c) Termination. — The Advisory Committee on Energy Effi- 
ciency Finance shall terminate on the date that is 10 years after 
the date of enactment of this Act. 

(d) Authorization of Appropriations.— There are authorized 
to be appropriated such sums as are necessary to the Secretary 
for carrying out this section. 

TITLE V— ENERGY SAVINGS IN GOVERN- 
MENT AND PUBLIC INSTITUTIONS 

Subtitle A — United States Capitol Complex 

SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY 
STUDIES. 

(a) Studies. — The Architect of the Capitol may conduct feasi- 
bility studies regarding construction of photovoltaic roofs for the 
Rayburn House Office Building and the Hart Senate Office Building. 

(b) Report. — Not later than 6 months after the date of enact- 
ment of this Act, the Architect of the Capitol shall transmit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Rules and Administration 
of the Senate, a report on the results of the feasibility studies 
and recommendations regarding construction of photovoltaic roofs 
for the buildings referred to in subsection (a). 

(c) Authorization of Appropriations.— There is authorized 
to be appropriated to carry out this section $500,000. 

SEC. 502. CAPITOL COMPLEX E-85 REFUELING STATION. 2 USC 2169. 

(a) Construction. — The Architect of the Capitol may construct 
a fuel tank and pumping system for E-85 fuel at or within close 
proximity to the Capitol Grounds Fuel Station. 

(b) Use. — The E-85 fuel tank and pumping system shall be 
available for use by all legislative branch vehicles capable of oper- 
ating with E-85 fuel, subject to such other legislative branch agen- 
cies reimbursing the Architect of the Capitol for the costs of E- 
85 fuel used by such other legislative branch vehicles. 

(c) Authorization of Appropriations.— There is authorized 
to be appropriated to carry out this section $640,000 for fiscal 
year 2008. 

SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COM- 2 USC 1824. 
PLEX MASTER PLAN. 

(a) In General. — To the maximum extent practicable, the 
Architect of the Capitol shall include energy efficiency and conserva- 
tion measures, greenhouse gas emission reduction measures, and 



73 



121 STAT. 1658 PUBLIC LAW 110-140— DEC. 19, 2007 

"(3) Terms and conditions.— A demonstration project 
funded under this section shall be subject to such terms and 
conditions as the Architect of the Capitol may prescribe. 
"(e) Authorization of Appropriations. — There is authorized 
to be appropriated to carry out the feasibility study and demonstra- 
tion project $3,000,000. Such sums shall remain available until 
expended.". 

Subtitle B — Energy Savings Performance 
Contracting 

SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS. 

(a) In General.— Section 801(a)(2)(D) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended— 

(1) in clause (ii), by inserting "and" after the semicolon 
at the end; 

(2) by striking clause (iii); and 

(3) by redesignating clause (iv) as clause (iii). 

(b) Reports. — Section 548(a)(2) of the National Energy Con- 
servation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting 
"and any termination penalty exposure" after "the energy and cost 
savings that have resulted from such contracts". 

(c) Conforming Amendment.— Section 2913 of title 10, United 
States Code, is amended by striking subsection (e). 

SEC. 512, FINANCING FLEXIBILITY. 

Section 801(a)(2) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the 
following: 

"(E) Funding options. — In carrying out a contract 
under this title, a Federal agency may use any combination 
of— 

"(i) appropriated funds; and 

"(ii) private financing under an energy savings 
performance contract.". 

SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE 
CONTRACTS AND VERIFYING SAVINGS. 

Section 801(a)(2) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended— 

(1) in subparagraph (D), by inserting "beginning on the 
date of the delivery order" after "25 years"; and 

(2) by adding at the end the following: 

"(F) Promotion of contracts. — In carrying out this 
section, a Federal agency shall not — 

"(i) establish a Federal agency policy that limits 
the maximum contract term under subparagraph (D) 
to a period shorter than 25 years; or 

"(ii) limit the total amount of obligations under 
energy savings performance contracts or other private 
financing of energy savings measures. 
"(G) Measurement and verification requirements 

FOR private financing.— 

"(i) In general. — In the case of energy savings 
performance contracts, the evaluations and savings 



74 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1659 



measurement and verification required under para- 
graphs (2) and (4) of section 543(f) shall be used by 
a Federal agency to meet the requirements for the 
need for energy audits, calculation of energy savings, 
and any other evaluation of costs and savings needed 
to implement the guarantee of savings under this sec- 
tion. 

"(ii) Modification of existing contracts.— Not Deadline, 
later than 18 months after the date of enactment of 
this subparagraph, each Federal agency shall, to the 
maximum extent practicable, modify any indefinite 
delivery and indefinite quantity energy savings 
performance contracts, and other indefinite delivery 
and indefinite quantity contracts using private 
financing, to conform to the amendments made by 
subtitle B of title V of the Energy Independence and 
Security Act of 2007.". 

SEC. 514. PERMANENT REAUTHORIZATION. 

Section 801 of the National Energy Conservation Policy Act 
(42 U.S.C. 8287) is amended by striking subsection (c). 

SEC. 515. DEFINITION OF ENERGY SAVINGS. 

Section 804(2) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287c(2)) is amended— 

(1) by redesignating subparagraphs (A), (B), and (C) as 
clauses (i), (ii), and (iii), respectively, and indenting appro- 
priately; 

(2) by striking "means a reduction" and inserting "means — 

"(A) a reduction"; 

(3) by striking the period at the end and inserting a semi- 
colon; and 

(4) by adding at the end the following: 

"(B) the increased efficient use of an existing energy 
source by cogeneration or heat recovery; 

"(C) if otherwise authorized by Federal or State law 
(including regulations), the sale or transfer of electrical 
or thermal energy generated on-site from renewable energy 
sources or cogeneration, but in excess of Federal needs, 
to utilities or non-Federal energy users; and 

"(D) the increased efficient use of existing water 
sources in interior or exterior applications.". 

SEC. 516. RETENTION OF SAVINGS. 

Section 546(c) of the National Energy Conservation Policy Act 
(42 U.S.C. 8256(c)) is amended by striking paragraph (5). 

SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGO- 42 USC 17131. 
TIATE ENERGY EFFICIENCY CONTRACTS. 

(a) Program. — The Secretary shall create and administer in 
the Federal Energy Management Program a training program to 
educate Federal contract negotiation and contract management per- 
sonnel so that the contract officers are prepared to — 

( 1) negotiate energy savings performance contracts; 

(2) conclude effective and timely contracts for energy effi- 
ciency services with all companies offering energy efficiency 
services; and 



75 



121 STAT. 1660 PUBLIC LAW 110-140— DEC. 19, 2007 

(3) review Federal contracts for all products and services 
for the potential energy efficiency opportunities and implica- 
tions of the contracts. 

(b) Schedule. — Not later than 1 year after the date of enact- 
ment of this Act, the Secretary shall plan, staff, announce, and 
begin training under the Federal Energy Management Program. 

(c) Personnel To Be Trained. — Personnel appropriate to 
receive training under the Federal Energy Management Program 
shall be selected by and sent for the training from — 

(1) the Department of Defense; 

(2) the Department of Veterans Affairs; 

(3) the Department; 

(4) the General Services Administration; 

(5) the Department of Housing and Urban Development; 

(6) the United States Postal Service; and 

(7) all other Federal agencies and departments that enter 
contracts for buildings, building services, electricity and elec- 
tricity services, natureil gas and natural gas services, heating 
and air conditioning services, building fuel purchases, and other 
types of procurement or service contracts determined by the 
Secretary, in carrying out the Federal Energy Management 
Program, to offer the potential for energy savings and green- 
house gas emission reductions if negotiated with taking into 
account those goals. 

(d) Trainers. — Training under the Federal Energy Manage- 
ment Program may be conducted by — 

(1) attorneys or contract officers with experience in negoti- 
ating and managing contracts described in subsection (c)(7) 
from any agency, except that the Secretary shall reimburse 
the related salaries and expenses of the attorneys or contract 
officers from amounts made available for carrying out this 
section to the extent the attorneys or contract officers are 
not employees of the Department; and 

(2) private experts hired by the Secretary for the purposes 
of this section, except that the Secretary may not hire experts 
who are simultaneously employed by any company under con- 
tract to provide energy efficiency services to the Federal Govern- 
ment. 

(e) Authorization of Appropriations. — There are authorized 
to be appropriated to the Secretary to carry out this section $750,000 
for each of fiscal years 2008 through 2012. 

SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING 
APPLICATIONS. 

(a) Definitions.— In this section: 

(1) NONBUILDING APPLICATION.— The term "nonbuilding 
application" means — 

(A) any class of vehicles, devices, or equipment that 
is transportable under the power of the applicable vehicle, 
device, or equipment by land, sea, or air and that consumes 
energy fi*om any fuel source for the purpose of — 

(i) that transportation; or 

(ii) maintaining a controlled environment within 
the vehicle, device, or equipment; and 

(B) any federally-owned equipment used to generate 
electricity or transport water. 

(2) Secondary savings.— 



76 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1661 

(A) In general. — The term "secondary savings" means 
additional energy or cost savings that are a direct con- 
sequence of the energy savings that result from the energy 
efficiency improvements that were financed and imple- 
mented pursuant to an energy savings performance con- 
tract. 

(B) Inclusions.— The term "secondary savings" 
includes — 

(i) energy and cost savings that result from a 
reduction in the need for fuel delivery and logistical 
support; 

(ii) personnel cost savings and environmental bene- 
fits; and 

(iii) in the case of electric generation equipment, 
the benefits of increased efficiency in the production 
of electricity, including revenues received by the Fed- 
eral Government from the sale of electricity so pro- 
duced, 
(b) Study.— 

(1) In general. — As soon as practicable after the date Reports, 
of enactment of this Act, the Secretary and the Secretary of 
Defense shall jointly conduct, and submit to Congress and 

the President, a report of, a study of the potential for the 
use of energy savings performance contracts to reduce energy 
consumption and provide energy and cost savings in non- 
building applications. 

(2) Requirements. — The study under this subsection shall 
include — 

(A) an estimate of the potential energy and cost savings 
to the Federal Government, including secondary savings 
and benefits, from increased efficiency in nonbuilding 
applications; 

(B) an assessment of the feasibility of extending the 
use of energy savings performance contracts to nonbuilding 
applications, including an identification of any regulatory 
or statutory barriers to that use; and 

(C) such recommendations as the Secretary and the 
Secretary of Defense determine to be appropriate. 

Subtitle C — Energy Efficiency in Federal 

Agencies 

SEC. 521, INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT 
OF ENERGY HEADQUARTERS BUILDING. 

(a) In General. — The Administrator of General Services shall 
install a photovoltaic system, as set forth in the Sun Wall Design 
Project, for the headquarters building of the Department located 
at 1000 Independence Avenue, SW., Washington, DC, commonly 
known as the Forrestal Building. 

(b) Funding.— There shall be available from the Federal 
Buildings Fund established by section 592 of title 40, United States 
Code, $30,000,000 to carry out this section. Such sums shall be 
derived from the unobligated balance of amounts made available 
from the Fund for fiscal year 2007, and prior fiscal years, for 
repairs and alternations and other activities (excluding amounts 



77 



121 STAT. 1704 



PUBLIC LAW 110-140— DEC. 19, 2007 



Applicability. 



Department of 

Energy Carbon 

Capture and 

Sequestration 

Research, 

Development, 

and 

Demonstration 

Act of 2007. 

42 use 17001 

note. 



(e) Eligible Projects. — ^An eligible entity may use an assist- 
ance award provided under this section to carry out a project 
relating to — 

(1) the conduct of studies of market opportunities for 
component manufacturing of renewable energy systems; 

(2) the conduct of multiyear applied research, development, 
demonstration, and deployment projects for advanced manufac- 
tviring processes, materials, and infrastructure for renewable 
energy systems; and 

(3) other similar ventures, as approved by the Secretary, 
that promote advanced manufacturing of renewable tech- 
nologies. 

(f) Criteria and Guidelines. — The Secretary shall establish 
criteria and guidelines for the submission, evaluation, and funding 
of proposed projects under the Program. 

(g) Cost Sharing. — Section 988 of the Energy Policy Act of 
2005 (42 U.S.C. 16352) shall apply to a project carried out under 
this section. 

(h) Disclosure. — The Secretary may, for a period of up to 
5 years after an award is granted under this section, exempt from 
mandatory disclosure under section 552 of title 5, United States 
Code (popularly known as the Freedom of Information Act) informa- 
tion that the Secretary determines would be a privileged or confiden- 
tial trade secret or commercial or financial information under sub- 
section (b)(4) of such section if the information had been obtained 
fi:om a non-Government party. 

(i) Sense of the Congress. — It is the sense of the Congress 
that the Secretary should ensure that small businesses engaged 
in renewable manufacturing be given priority consideration for the 
assistance awards provided under this section. 

(j) Authorization of Appropriations. — There is authorized 
to be appropriated out of funds already authorized to carry out 
this section $25,000,000 for each of fiscal years 2008 through 2013, 
to remain available until expended. 

TITLE VII— CARBON CAPTURE AND 
SEQUESTRATION 

Subtitle A — Carbon Capture and Seques- 
tration Research, Development, and 
Demonstration 

SEC. 701. SHORT TITLE. 

This subtitle may be cited as the "Department of Energy Carbon 
Capture and Sequestration Research, Development, and Demonstra- 
tion Act of 2007". 

SEC, 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH, 
DEVELOPMENT, AND DEMONSTRATION PROGRAM. 

(a) Amendment. — Section 963 of the Energy Policy Act of 2005 
(42 U.S.C. 16293) is amended— 

(1) in the section heading, by striking "RESEARCH AND 
DEVELOPMENT" and inserting "AND SEQUESTRATION 
RESEARCH, DEVELOPMENT, AND DEMONSTRATION"; 



78 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1715 

Federal agencies and the appropriate committees of Congress 

a report that describes the results of the assessment. 

(h) Data and Report Availability. — On completion of the Public 
assessment, the Secretary shall incorporate the results of the assess- information, 
ment into a web-accessible database for public use. Website. 

(i) Authorization. — There is authorized to be appropriated 
to carry out this section $20,000,000 for the period of fiscal years 
2008 through 2012. 

SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY. 

Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) 
is amended — 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 

"(d) Records and Inventory. — The Secretary of the Interior, 
acting through the Bureau of Land Management, shall maintain 
records on, and an inventory of, the quantity of carbon dioxide 
stored within Federal mineral leaseholds.". 

SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION 
ON PUBLIC LAND. 

(a) Report. — Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall submit to the Com- 
mittee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate 
a report on a recommended framework for managing geological 
carbon sequestration activities on public land. 

(b) Contents. — The report required by subsection (a) shall 
include the following: 

(1) Recommended criteria for identifying candidate 
geological sequestration sites in each of the following types 
of geological settings: 

(A) Operating oil and gas fields. 

(B) Depleted oil and gas fields. 

(C) Unmineable coal seams. 

(D) Deep saline formations. 

(E) Deep geological systems that may be used as engi- 
neered reservoirs to extract economical quantities of heat 
from geothermal resources of low permeability or porosity. 

(F) Deep geological systems containing basalt forma- 
tions. 

(G) Coalbeds being used for methane recovery. 

(2) A proposed regulatory framework for the leasing of 
public land or an interest in public land for the long-term 
geological sequestration of carbon dioxide, which includes an 
assessment of options to ensure that the United States receives 
fair market value for the use of public land or an interest 
in public land for geological sequestration. 

(3) A proposed procedure for ensuring that any geological 
carbon sequestration activities on public land — 

(A) provide for public review and comment from all 
interested persons; and 

(B) protect the quality of natural and cultural resources 
of the public land overlaying a geological sequestration 
site. 

(4) A description of the status of Federal leasehold or 
Federal mineral estate liability issues related to the geological 
subsurface trespass of or caused by carbon dioxide stored in 



79 



121 STAT. 1716 PUBLIC LAW 110-140— DEC. 19, 2007 

public land, including any relevant experience from enhanced 
oil recovery using carbon dioxide on public land. 

(5) Recommendations for additional legislation that may 
be required to ensure that public land management and leasing 
laws are adequate to accommodate the long-term geological 
sequestration of carbon dioxide. 

(6) An identification of the legal and regulatory issues 
specific to carbon dioxide sequestration on land in cases in 
which title to mineral resources is held by the United States 
but title to the surface estate is not held by the United States. 

(7)(A) An identification of the issues specific to the issuance 
of pipeline rights-of-way on public land under the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.) for 
natural or anthropogenic carbon dioxide. 

(B) Recommendations for additional legislation that may 
be required to clarify the appropriate framework for issuing 
rights-of-way for carbon dioxide pipelines on public land. 

(c) Consultation With Other Agencies. — In preparing the 
report under this section, the Secretary of the Interior shall coordi- 
nate with — 

(1) the Administrator of the Environmental Protection 
Agency; 

(2) the Secretary of Energy; and 

(3) the heads of other appropriate agencies. 

(d) Compliance With Safe Drinking Water Act.— -The Sec- 
retary shall ensure that all recommendations developed under this 
section are in compliance with all Federal environmental laws, 
including the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
and regulations under that Act. 

TITLE VTII— IMPROVED MANAGEMENT 
OF ENERGY POLICY 

Subtitle A — Management Improvements 

42 use 17281. SEC. 801. NATIONAL MEDIA CAMPAIGN. 

(a) In General. — The Secretary, acting through the Assistant 
Secretary for Energy Efficiency and Renewable Energy (referred 
to in this section as the "Secretary"), shall develop and conduct 
a national media campaign — 

(1) to increase energy efficiency throughout the economy 
of the United States during the 10-year period beginning on 
the date of enactment of this Act; 

(2) to promote the national security benefits associated 
with increased energy efficiency; and 

(3) to decrease oil consumption in the United States during 
the 10-year period beginning on the date of enactment of this 
Act. 

(b) Contract With Entity. — The Secretary shall carry out 
subsection (a) directly or through — 

(1) competitively bid contracts with 1 or more nationally 
recognized media firms for the development and distribution 
of monthly television, radio, and newspaper public service 
announcements; or 



80 



PUBLIC LAW 110-140— DEC. 19, 2007 



121 STAT. 1723 



(7) public policies aimed at enhancing renewable energy 
production and accelerating technological improvements will 
further reduce energy costs over time and increase market 
demand. 

(b) Sense of Congress.— It is the sense of Congress that 
it is the goal of the United States that, not later than January 
1, 2025, the agricultural, forestry, and working land of the United 
States should — 

(1) provide from renewable resources not less than 25 per- 
cent of the total energy consumed in the United States; and 

(2) continue to produce safe, abundant, and affordable food, 
feed, and fiber. 

SEC, 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, Deadlines. 

AND PRIORITY ACTIVITIES. 42 USC 17286. 

(a) In General. — Not later than January 1, 2012, the Secretary 
of the Interior, acting through the Director of the United States 
Geological Survey, shall — 

(1) complete a comprehensive nationwide geothermal 
resource assessment that examines the full range of geothermal 
resources in the United States; and 

(2) submit to the the Committee on Natural Resources Reports, 
of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report describing the 
results of the assessment. 

(b) Periodic Updates. — At least once every 10 years, the Sec- 
retary shall update the national assessment required under this 
section to support public and private sector decisionmaking. 

(c) Authorization of Appropriations.— There are authorized 
to be appropriated to the Secretary of the Interior to carry out 
this section — 

(1) $15,000,000 for each of fiscal years 2008 through 2012; 
and 

(2) such sums as are necessary for each of fiscal years 
2013 through 2022. 

Subtitle B — Prohibitions on Market 
Manipulation and False Information 

SEC. 81 1. PROHIBITION ON MARKET MANIPULATION. 42 USC 17301. 

It is unlawful for any person, directly or indirectly, to use 
or employ, in connection with the purchase or sale of crude oil 
gasoline or petroleum distillates at wholesale, any manipulative 
or deceptive device or contrivance, in contravention of such rules 
and regulations as the Federal Trade Commission may prescribe 
as necessary or appropriate in the public interest or for the protec- 
tion of United States citizens. 

SEC. 812, PROHIBITION ON FALSE INFORMATION. 42 USC 17302. 

It is unlawful for any person to report information related 
to the wholesale price of crude oil gasoline or petroleum distillates 
to a Federal department or agency if— 

(1) the person knew, or reasonably should have known, 
the information to be false or misleading; 

(2) the information was required by law to be reported; 
and 



81 



PUBLIC LAW 110-140— DEC. 19, 2007 121 STAT. 1801 

TITLE XVI— EFFECTIVE DATE 

SEC. 1601. EFFECTIVE DATE. 2 USC 1824 note. 

This Act and the amendments made by this Act take effect 
on the date that is 1 day after the date of enactment of this 
Act. 

Approved December 19, 2007. 



LEGISLATIVE HISTORY— H.R. 6: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

Jan. 18, considered and passed House. 

June 12-15, 18-21, considered and passed Senate, amended. 

Dec. 6, House concurred in Senate amendments with amendments. 

Dec. 12, 13, Senate considered and concurred in House amendments with an 
amendment. 

Dec. 18, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 

Dec. 19, Presidential remarks. 



o 



82 



121 STAT. 1844 



PUBLIC LAW 110-161— DEC. 26, 2007 



Public Law 110-161 
110th Congress 



Dec. 26, 2007 
[H.R. 2764] 



Consolidated 
Appropriations 
Act, 2007. 



An Act 



Making appropriations for the Department of State, foreign operations, and related 
programs for the fiscal year ending September 30, 2008, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "ConsoHdated Appropriations 
Act, 2008". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Emergency designations. 

Sec. 6. Statement of appropriations. 

DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I — Agricultural Programs 

Title II — Conservation Programs 

Title III — Rural Development Programs 

Title IV — Domestic Food Programs 

Title V— Foreign Assistance and Related Programs 

Title VI — Related Agencies and Food and Drug Administration 

Title VII — General Provisions 

DIVISION B— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2008 

Title I — Department of Commerce 
Title II — Department of Justice 
Title III— Science 
Title IV — Related Agencies 
Title V — General Provisions 
Title VI — Rescissions 

DIVISION C— ENERGY AND WATER DEVELOPMENT AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2008 

Title I — Department of Defense — Civil: Department of the Army 
Title II — Department of the Interior 
Title III — Department of Energy 
Title IV — Independent Agencies 
Title V — General Provisions 

DIVISION D— FINANCIAL SERVICES AND GENERAL GOVERNMENT 
APPROPRIATIONS ACT, 2008 

Title I — Department of the Treasury 

Title II — Executive Office of the President and Funds Appropriated to the President 

Title III— The Judiciary 



83 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 1845 

Title IV— District of Columbia 

Title V — Independent Agencies 

Title VI — General Provisions — This Act 

Title VII — General Provisions — Government-wide 

Title VIII — General Provisions — District of Columbia 

DIVISION E— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2008 

Title I — Department of Homeland Security 

Title II — Security, Enforcement, and Investigations 

Title III — Protection, Preparedness, Response, and Recovery 

Title IV — Research and Development, Training, and Services 

Title V — General Provisions 

Title VI — Border Infrastructure and Technology Modernization 

DIVISION F— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I — Department of the Interior 

Title II — Environmental Protection Agency 

Title III — Related Agencies 

Title rV — General Provisions 

Title V — Wildfire Suppression Emergency Appropriations 

DIVISION G— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I — Department of Labor 

Title II — Department of Health and Human Services 

Title III — Department of Education 

Title rV — Related Agencies 

Title V — General Provisions 

Title VI — National Commission on Children and Disasters 

DIVISION H— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008 

Title I — Legislative Branch Appropriations 
Title II — General Provisions 

DIVISION I— MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I — Department of Defense 

Title II — Department of Veterans Aifairs 

Title III — Related Agencies 

Title IV — General Provisions 

DIVISION J— DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 
RELATED PROGRAMS APPROPRLf^TIONS ACT, 2008 

Title I — Department of State and Related Agencies 

Title II — Export and Investment Assistance 

Title III — Bilateral Economic Assistance 

Title rV — Military Assistance 

Title V — Multilateral Economic Assistance 

Title VI — General Provisions 

DIVISION K— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I — Department of Transportation 

Title II — Department of Housing and Urban Development 

Title III — Related Agencies 

Title IV — General Provisions This Act 

DIVISION ^-EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
OPERATION ENDURING FREEDOM AND FOR OTHER PURPOSES 

SEC. 3. REFERENCES, 1 USC 1 note. 

Except as expressly provided otherwise, any reference to "this 
Act" contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 



84 



PUBLIC LAW 110-161— DEC. 26, 2007 



121 STAT. 2097 



Committee on Environment and Public Works, the Senate Com- 
mittee on Homeland Security and Governmental Affairs, the 
House Committee on Transportation and Infrastructure, and 
the House Committee on Homeland Security a report on the 
activities carried out at each demonstration site under the 
technology demonstration program established under this sec- 
tion. 

(2) Content. — The report shall include an assessment by 
the Commissioner of the feasibility of incorporating any dem- 
onstrated technology for use throughout U.S. Customs and 
Border Protection. 

Sec. 606. Authorization of Appropriations, (a) In Gen- 
eral. — In addition to any funds otherwise available, there are 
authorized to be appropriated such sums as may be necessary 
to carry out this title for fiscal years 2009 through 2013. 

(b) International Agreements.— Funds authorized to be 
appropriated under this title may be used for the implementation 
of projects described in the Declaration on Embracing Technology 
and Cooperation to Promote the Secure and Efficient Flow of People 
and Commerce across our Shared Border between the United States 
and Mexico, agreed to March 22, 2002, Monterrey, Mexico (com- 
monly known as the Border Partnership Action Plan) or the Smart 
Border Declaration between the United States and Canada, agreed 
to December 12, 2001, Ottawa, Canada that are consistent with 
the provisions of this title. 

This division may be cited as the "Department of Homeland 
Security Appropriations Act, 2008". 

DIVISION F— DEPARTMENT OF THE INTERIOR, ENVIRON- 
MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 
2008 

TITLE I 

DEPARTMENT OF THE INTERIOR 



6 use 1405. 



Department of 
the Interior, 
Environment, 
and Related 
Agencies 
Appropriations 
Act, 2008. 



Bureau of Land Management 
management of lands and resources 

For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi- 
tion of easements and other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 
3150(a)), $867,463,000, to remain available until expended, of which 
not to exceed $91,629,000 is available for oil and gas management; 
and of which $1,500,000 is for high priority projects, to be carried 
out by the Youth Conservation Corps; and of which $2,900,000 
shall be available in fiscal year 2008 subject to a match by at 
least an equal amount by the National Fish and Wildlife Foundation 
for cost-shared projects supporting conservation of Bureau lands; 
and such funds shall be advanced to the Foundation as a lump 
sum grant without regard to when expenses are incurred. 



85 



PUBLIC LAW 110-161— DEC. 26, 2007 



121 STAT. 2105 



National Park Service 

operation of the national park system 

For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including expenses to carry out programs of the 
United States Park Police), and for the general administration 
of the National Park Service, $2,001,809,000, of which $9,965,000 
is for planning and interagency coordination in support of Ever- 
glades restoration and shall remain available until expended; of 
which $101,164,000, to remain available until September 30, 2009, 
is for maintenance, repair or rehabilitation projects for constructed 
assets, operation of the National Park Service automated facility 
management software system, £md comprehensive facility condition 
assessments; and of which $3,000,000 shall be for the Youth Con- 
servation Corps for high priority projects. 

CENTENNIAL CHALLENGE 

For expenses necessary to carry out provisions of section 814(g) 
of Public Law 104-333 relating to challenge cost share agreements, 
$25,000,000, to remain available until expended for Centennial 
Challenge signature projects and programs: Provided, That not 
less than 50 percent of the total cost of each project or program 
is derived from non-Federal sources in the form of donated cash, 
assets, in-kind services, or a pledge of donation guaranteed by 
an irrevocable letter of credit. 

NATIONAL RECREATION AND PRESERVATION 

For expenses necessary to carry out recreation programs, nat- 
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis- 
tration, not otherwise provided for, $68,481,000, of which not to 
exceed $7,500,000 may be for Preserve America grants to States, 
Tribes, and local communities for projects that preserve important 
historic resources through the promotion of heritage tourism: Pro- 
vided, That any individual Preserve America grant shall be matched 
by non-Federal funds: Provided further. That individual projects 
shall only be eligible for one grant: Provided further, That grants 
shall be approved by the Secretary of the Interior in consultation 
with the House and Senate Committees on Appropriations, and 
in consultation with the Advisory Council on Historic Preservation 
prior to the commitment of grant funds. 

HISTORIC PRESERVATION FUND 
(ESrCLUDING TRANSFERS OF FUNDS) 

For expenses necessary in carrjdng out the Historic Preserva- 
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 
104-333), $71,500,000, to be derived from the Historic Preservation 
Fund and to remain available until September 30, 2009; of which 
$25,000,000 shall be for Save America's Treasures for preservation 
of nationally significant sites, structures, and artifacts: Provided, 
That any individual Save America's Treasures grant shall be 



Grants. 

Approval. 

Consultation. 



86 



121 STAT. 2106 PUBLIC LAW 110-161— DEC. 26, 2007 

matched by non-Federal funds; individual projects shall only be 
eligible for one grant; and all projects to be funded shall be approved 
by the Secretary of the Interior in consultation with the House 
and Senate Committees on Appropriations: Provided further, That 
Save America's Treasures funds allocated for Federal projects, fol- 
lowing approval, shall be available by transfer to appropriate 
accounts of individual agencies. 

CONSTRUCTION 

For construction, improvements, repair or replacement of phys- 
ical facilities, including the modifications authorized by section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989, $221,985,000, to remain available until expended: 
Provided, That funds provided under this heading for implementa- 
tion of modified water deliveries to Everglades National Park shall 
be expended consistent with the requirements of the fifth proviso 
under this heading in Public Law 108-108: Provided further, That 
funds provided under this heading for implementation of modified 
water deliveries to Everglades National Park shall be available 
for obligation only if matching funds are appropriated to the Army 
Corps of Engineers for the same purpose: Provided further. That 
none of the funds provided under this heading for implementation 
of modified water deliveries to Everglades National Park shall 
be available for obligation if any of the funds appropriated to 
the Army Corps of Engineers for the purpose of implementing 
modified water deliveries, including finalizing detailed engineering 
and design documents for a bridge or series of bridges for the 
Tamiami Trail component of the project, becomes unavailable for 
obligation: Provided further, That of the funds made available under 
this heading, not to exceed $3,800,000 is authorized to be used 
for the National Park Service's proportionate cost of upgrading 
the West Yellowstone/Hebgen Basin (Gallatin County, Montana) 
municipal solid waste disposal system for the processing and dis- 
posal of municipal solid waste generated within Yellowstone 
National Park: Provided further, That future fees paid by the 
National Park Service to the West Yellowstone/Hebgen Basin Solid 
Waste District will be restricted to operations and maintenance 
costs of the facility, given the capital contribution made by the 
National Park Service. 

LAND AND WATER CONSERVATION FUND 

(RESCISSION) 

16 use 460/-l0a The contract authority provided for fiscal year 2008 by 16 

note. U.S.C. 4601-lOa is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE 

For expenses necessary to carry out the Land and Water Con- 
servation Act of 1965, as amended (16 U.S.C. 4601-4 through 11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority appUcable to the National Park Service, $70,070,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which $25,000,000 is for 
the State assistance program. 



87 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2107 

ADMINISTRATIVE PROVISIONS 

For fiscal year 2008 and hereafter, if the Secretary of the 16USC5954 
Interior, or either party to a value determination proceeding con- note. 
ducted under a National Park Service concession contract issued 
prior to November 13, 1998, considers that the value determination 
decision issued pursuant to the proceeding misinterprets or 
misapplies relevant contractual requirements or their underlying 
legal authority, the Secretary or either party may seek, within 
180 days of any such decision, the de novo review of the value 
determination decision by the United States Court of Federal 
Claims. This court may make an order affirming, vacating, modi- 
fjdng or correcting the determination decision. 

In addition to other uses set forth in section 407(d) of Public 
Law 105-391, franchise fees credited to a sub-account shall be 
available for expenditure by the Secretary, without further appro- 
priation, for use at any unit within the National Park System 
to extinguish or reduce liability for Possessory Interest or leasehold 
sxirrender interest. Such funds may only be used for this purpose 
to the extent that the benefiting unit anticipated franchise fee 
receipts over the term of the contract at that unit exceed the 
amount of fimds used to extinguish or reduce liability. Franchise 
fees at the benefiting unit shall be credited to the sub-account 
of the originating unit over a period not to exceed the term of 
a single contract at the benefiting unit, in the amount of funds 
so expended to extinguish or reduce liability. 

A willing seller from whom the Service acquires title to real 
property may be considered a "displaced person" for purposes of 
the Uniform Relocation Assistance and Real Property Acquisition 
Policy Act and its implementing regulations, whether or not the 
Service has the authority to acquire such property by eminent 
domain. 

Section 3(0 of the Act of August 21, 1935 (16 U.S.C. 463(f)), 
related to the National Park System Advisory Board, is amended 
in the first sentence by striking "2007" and inserting "2009". 

United States Geological Survey 

SURVEYS, investigations, AND RESEARCH 

For expenses necessary for the United States Geological Survey 
to perform surveys, investigations, and research covering topog- 
raphy, geology, hydrology, biology, and the mineral and water 
resources of the United States, its territories and possessions, and 
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resources; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Commission licensees; administer the minerals exploration program 
(30 U.S.C. 641); conduct inquiries into the economic conditions 
affecting mining and materials processing industries (30 U.S.C. 
3, 21a, and 1603; 50 U.S.C. 98g(l)) and related purposes as author- 
ized by law; and to publish and disseminate data relative to the 
foregoing activities; $1,022,430,000, to remain available until Sep- 
tember 30, 2009, of which $63,845,000 shall be available only for 
cooperation with States or municipalities for water resources inves- 
tigations; of which $40,150,000 shall remain available until 
expended for satellite operations; and of which $8,023,000 shall 
be available until expended for deferred maintenance and capital 



88 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2117 

WORKING CAPITAL FUND 

For the acquisition of a departmental financial and business 
management system, $40,727,000, to remain available until 
expended: Provided, That none of the funds in this Act or previous 
appropriations Acts may be used to establish reserves in the 
Working Capital Fund account other than for accrued annual leave 
and depreciation of equipment without prior approval of the House 
and Senate Committees on Appropriations. 

ADMINISTRATIVE PROVISIONS 

There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value used to offset the purchase price for 
the replacement aircraft. 

General Provisions, Department of the Interior 
(including transfers of funds) 

Sec. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili- 
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made avail- 
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further. That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible. 

Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands under the jurisdiction of the Depart- 
ment of the Interior; for the emergency rehabilitation of burned- 
over lands under its jurisdiction; for emergency actions related 
to potential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess- 
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects 
vmder section 410 of Public Law 95-87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclama- 
tion and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for wildland 
fire operations shall be available for the payment of obligations 
incurred dxiring the preceding fiscal year, and for reimbursement 



89 



121 STAT. 2118 PUBLIC LAW 110-161— DEC. 26, 2007 

to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof: Provided further, 
Determination. That for wildland fire operations, no funds shall be made available 
under this authority until the Secretary determines that funds 
appropriated for "wildland fire operations" shall be exhausted 
within 30 days: Provided further, That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible: Provided further. 
That such replenishment funds shall be used to reimburse, on 
a pro rata basis, accounts from which emergency funds were trans- 
ferred. 

Sec. 103. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; purchase and replacement of motor vehicles, 
including specially equipped law enforcement vehicles; hire, mainte- 
nance, and operation of aircraft; hire of passenger motor vehicles; 
purchase of reprints; payment for telephone service in private resi- 
dences in the field, when authorized under regulations approved 
by the Secretary; and the pa)anent of dues, when authorized by 
the Secretary, for library membership in societies or associations 
which issue publications to members only or at a price to members 
lower than to subscribers who are not members. 

Sec. 104. No fvmds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under restriction 
in the President's moratorium statement of June 12, 1998, in the 
areas of northern, central, and southern California; the North 
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico 
south of 26 degrees north latitude and east of 86 degrees west 
longitude. 

Sec. 105. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atlantic planning areas. 

Sec. 106. Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any unobligated balances from prior appropriations 
Acts made under the same headings shall be available for expendi- 
tvire or transfer for Indian trust management and reform activities, 
excluding litigation costs. Total funding for historical accounting 
activities shall not exceed amounts specifically designated in this 
Act for such purpose. 

Sec. 107. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inac- 
curate distribution methodologies. No tribe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2008. Under circumstances of dual enrollment, overlap- 
ping service areas or inaccurate distribution methodologies, the 
10 percent Umitation does not apply. 



90 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2119 

Sec. 108. Notwithstanding any other provision of law, in con- 
veying the Twin Cities Research Center under the authority pro- 
vided by Pubhc Law 104-134, as amended by PubUc Law 104- 
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by 16 U.S.C. 460zz. 

Sec. 109. The Secretary of the Interior may hereafter use 
or contract for the use of helicopters or motor vehicles on the 
Sheldon and Hart National Wildlife Refuges for the purpose of 
capturing and transporting horses and burros. The provisions of 
subsection (a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) 
shall not be applicable to such use. Such use shall be in accordance Procedures, 
with humane procedures prescribed by the Secretary. 

Sec. 110. None of the funds in this or any other Act can 
be used to compensate the Special Master and the Special Master- 
Monitor, and all variations thereto, appointed by the United States 
District Court for the District of Columbia in the Cobell v. 
Kempthorne litigation at an annual rate that exceeds 200 percent 
of the highest Senior Executive Service rate of pay for the Wash- 
ington-Baltimore locality pay area. 

Sec. 111. The Secretary of the Interior may use discretionary 
funds to pay private attorney fees and costs for employees and 
former employees of the Department of the Interior reasonably 
incurred in connection with Cobell v. Kempthorne to the extent 
that such fees and costs are not paid by the Department of Justice 
or by private insurance. In no case shall the Secretary make pay- 
ments under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the District 
Court for the District of Columbia for counsel in Cobell v. 
Kempthorne. 

Sec. 112. No funds appropriated for the Department of the 
Interior by this Act or any other Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam. 

Sec. 113. The United States Fish and WildHfe Service shall, Salmon, 
in carrying out its responsibilities to protect threatened and endan- 
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
federally-operated or federally-financed hatcheries including but not 
limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 

Sec. 114. Notwithstanding any implementation of the Depart- 
ment of the Interior's trust reorganization or reengineering plans, 
or the implementation of the "To Be" Model, funds appropriated 
for fiscal year 2008 shall be available to the tribes within the 
California Tribal Trust Reform Consortium and to the Salt River 
Pima-Maricopa Indian Community, the Confederated Salish and 
Kootenai Tribes of the Flathead Reservation and the Chippewa 
Cree Tribe of the Rocky Boys Reservation through the same method- 
ology as funds were distributed in fiscal year 2003. This Demonstra- 
tion Project shall continue to operate separate and apart from 
the Department of the Interior's trust reform and reorganization 



91 



121 STAT. 2120 



PUBLIC LAW 110-161— DEC. 26, 2007 



and the Department shall not impose its trust management infra- 
structure upon or alter the existing trust resource management 
systems of the above referenced tribes having a self-governance 
compact and operating in accordance with the Tribal Self-Govern- 
ance Program set forth in 25 U.S.C. 458aa-458hh: Provided, That 
the California Trust Reform Consortium and any other participating 
tribe agree to carry out their responsibilities under the same written 
and implemented fiduciary standards as those being carried by 
the Secretary of the Interior: Provided further, That they dem- 
onstrate to the satisfaction of the Secretary that they have the 
capability to do so: Provided further, That the Department shall 
provide funds to the tribes in an amount equal to that required 
by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally 
related to the provision of trust services to the tribes or their 
members. 

Sec. 115. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, 
or interests therein including the use of all or part of any pier, 
dock, or landing within the State of New York and the State 
of New Jersey, for the purpose of operating and maintaining facili- 
ties in the support of transportation and accommodation of visitors 
to Ellis, Governors, and Liberty Islands, and of other program 
and administrative activities, by donation or with appropriated 
funds, including franchise fees (and other monetary consideration), 
or by exchange; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other agree- 
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 

Renewal. Sec. 116. Notwithstanding any other provision of law, including 

42 U.S.C. 4321 et seq., nonrenewable grazing permits authorized 
in the Jarbidge Field Office, Bureau of Land Management since 
March 1, 1997 shall be renewed. The Animal Unit Months, author- 
ized in any nonrenewable grazing permit from March 1, 1997 to 
present shall continue in effect under the renewed permit. Nothing 
in this section shall be deemed to extend the renewed permit 
beyond the standard 1-year term. The period of this provision 
will be until all of the grazing permits in the Jarbidge Field Office 
are renewed after the completion of the Record of Decision for 
the Jarbidge Resource Management Plan/Final Environmental 
Impact Statement. 

Sec. 117. Oil and Gas Leasing Internet Pilot Program. 
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act 
(30 U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish 
an oil and gas leasing Internet pilot program, under which the 
Secretary may conduct lease sales through methods other than 
oral bidding. To carry out the pilot program, the Secretary of 
the Interior may use not more than $250,000 of funds in the 
BLM Permit Processing Improvement Fund described in section 
35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C. 191(c)(2)(B)). 

Washington. Sec. 118. Notwithstanding any other provision of law, the 

Secretary of the Interior is directed to sell property within the 
Protection Island National Wildlife Refuge and the Dungeness 
National Wildlife Refuge to the Washington State Department of 
Transportation. 

Sec. 119. No funds appropriated or otherwise made available 
to the Department of the Interior may be used, in relation to 
any proposal to store water for the purpose of export, for approval 



92 



PUBLIC LAW 110-161— DEC. 26, 2007 



121 STAT. 2121 



16 use 460ccc^. 



120 Stat. 2406. 



118 Stat. 3072. 



of any right-of-way or similar authorization on the Mojave National 
Preserve or lands managed by the Needles Field Office of the 
Bureau of Land Management, or for carrying out any activities 
associated with such right-of-way or similar approval. 

Sec. 120. Section 460ccc-4 of the Red Rock Canyon National 
Conservation Area Establishment Act authorization (16 U.S.C. 
460ccc) is amended — 

(1) in section (a)(1), by striking "with donated or appro- 
priated funds"; 

(2) by striking section (a)(2); 

(3) in section (a)(3), by striking "(3)" and replacing with 
"(2)"; and 

(4) in section (a)(4), by striking "(4)" and replacing with 
"(3)". 
Sec. 121. Title 43 U.S.C. 1473 is amended by inserting at 

the end of that section before the period the following: ", including, 
in fiscal year 2008 only, contributions of money and services to 
conduct work in support of the orderly exploration and development 
of Outer Continental Shelf resources, including but not limited 
to, preparation of environmental documents such as impact state- 
ments and assessments, studies, and related research". 

Sec. 122. Section 1077(c) of Pubhc Law 109-364 is repealed. 

Sec. 123. Section 144 of division E of Public Law 108-447, 
as amended, is amended in paragraph (b)(2) by striking "November 
12, 2004" and inserting "May 4, 2005." 

Sec. 124. Section 105(f)(1)(B) of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921d(f)(l)(B)) is amended 
in clause (ix) by — 

(1) striking "Republic" both places it appears and inserting 
"government, institutions, and people"; 

(2) striking "2007" and inserting "2009"; and 

(3) striking "was" and inserting "were". 
Sec. 125. The Secretary of the Interior may enter into coopera- 
tive agreements with a State or political subdivision (including 
any agency thereoO, or any not-for-profit organization if the agree- 
ment will: (1) serve a mutual interest of the parties to the agreement 
in carrying out the programs administered by the Department 
of the Interior; and (2) all parties will contribute resources to 
the accomplishment of these objectives. At the discretion of the 
Secretary, such agreements shall not be subject to a competitive 
process. 

Sec. 126. The Federal properties commonly referred to as the 
Barnes Ranch and Agency Lake Ranch (the properties) in Klamath 
County, Oregon, managed by the Bureau of Reclamation shall be 
transferred to the Upper Klamath National Wildlife Refuge (Refuge) 
in accordance with the Memorandum of Understanding between 
the U.S. Fish and Wildlife Service Klamath Basin National Wildlife 
Refuge Complex and the Bureau of Reclamation Klamath Basin 
Area Office and The Nature Conservancy dated March 2, 2007, 
as expeditiously as possible and no later than December 2008: 
Provided, That these Federal properties and all Federal refuge 
lands within the adjusted boundary area for the Refuge, as approved 
by the U.S. Fish and Wildlife Service (Service) in June 2005 under 
the Land Protection Plan of 2005, shall be made a part of the 
Refuge and shall be managed by the Service as such: Provided 
further, That each year after the properties become part of the Applicability. 
Refuge, those increments of water passively stored on the properties 



Land transfer. 

Oregon. 

Deadline. 



93 



121 STAT. 2122 PUBLIC LAW 110-161— DEC. 26, 2007 

shall be applied and credited toward the requirements of any con- 
sultation or reconsultation over Klamath Project operations pxirsu- 
ant to section 7 of the Endangered Species Act, consistent with 
Federal law and State water law. 

Sec. 127. Corinth Unit of Shiloh National Military Park 
Boundary Expansion. The Corinth Battlefield Preservation Act 
of 2000 (16 U.S.C. 430f-6 et seq.) is amended— 

(1) in section 3(1) (16 U.S.C. 430f-7(l)), by striking "304/ 
80,007, and dated October 1998" and inserting "304A/80009, 
and dated April 2007"; 

(2) in section 4(b) (16 U.S.C. 430f-8(b)), by striking para- 
graph (1) and inserting the following: 

"(1) approximately 950 acres, as generally depicted on the 
Map; and"; 

(3) in section 5(a) (16 U.S.C. 430f-9(a)), by striking "as 
depicted on the Map" and inserting "described in section 4(b)"; 

(4) by striking section 7 (16 U.S.C. 430f-ll); and 

(5) by redesignating section 8 (16 U.S.C. 430f-12) as section 
7. 

16 use 431 note. Sec. 128. In section 5(8) of PubUc Law 107-226, strike "acquire" 

and all that follows and insert, "acquire the land or interests 
in land for the memorial by donation, purchase with donated or 
appropriated fvmds, exchange or condemnation with donated or 
appropriated funds; and". 

Alaska. SEC. 129. CLARIFICATION OF CONCESSIONAIRE HISTORIC RIGHTS. 

(a) In implementing section 1307 of Public Law 96-487 (96 Stat. 
2479), the Secretary shall deem Denali National Park Wilderness 
Centers, Ltd., a corporation organized and existing under the laws 
of the State of Alaska, to be a person who, on or before January 
1, 1979, was engaged in adequately providing the following scope 
and level of visitor services within what is currently Denah National 
Park and Preserve: 

(1) Guided interpretive hiking services in the Kantishna 
area new park additions (i.e. park area added in 1980 to former 
Mount McKinley National Park), not to exceed 14 guided 
interpretive hikes per week. 

(2) Gold panning outings in the Kantishna area new park 
additions, not to exceed 3 gold panning outings per week. 

(3) Guided interpretive trips, including an average of four 
vehicle trips per day, not to exceed 28 trips per week, into 
the Old Park (i.e. former Mount McKinley National Park). 

(4) Guided and unguided canoeing on Wonder Lake, 
including the storage of five canoes on Wonder Lake. 

(5) Transportation over the road between the north 
boundary of the Old Park and Wonder Lake, including Wonder 
Lake Campground, for an average of 10 trips per day not 
to exceed 70 trips per week. 

(b) For purpose of implementing this section, the term "person" 
means the person who has a controlling interest in the entity 
described under subsection (a) or his lineal descendants born prior 
to January 1, 1979. 

Sec. 130. Section 16 of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2913; 114 
Stat. 2763A-263)) is amended— 

(1) in subsection (c)(3)(B)(iii), by striking "by requiring" 

and all that follows through "enhancement" and inserting the 

following: ", the plan shall provide that not less than Vs of 



94 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2123 

the funds referred to in clause (i) shall be expended for munic- 
ipal or rural water development and that annual expenditures 
under that provision shall be reported to the Secretary each 
year"; and 

(2) in the third sentence of subsection (f), by striking 
"December 31, 2012" and inserting "the date that is 5 years 
after the date of the final settlement of the tribal claims under 
section 18". 

Sec. 131. Funds provided in this Act for Federal land acquisi- 
tion by the National Park Service for Shenandoah Valley Battle- 
fields National Historic District and Ice Age National Scenic Trail 
may be used for a grant to a State, a local government, or any 
other land management entity for the acquisition of lands without 
regard to any restriction on the use of Federal land acquisition 
funds provided through the Land and Water Conservation Fund 
Act of 1965 as amended. 

Sec. 132. From within amounts provided to the National Park Mississippi. 
Service Land Acquisition account by this Act, $2,000,000 shall 
be made available to the State of Mississippi pursuant to a grant 
agreement with the National Park Service, in order that the State 
may acquire land or interests in land on Cat Island, which is 
located within the Gulf Islands National Seashore. Funds provided 
to the State of Mississippi through such grant agreement shall 
not be contingent upon matching funds provided by the State. 
Any lands or interests acquired with funds under this section shall 
be owned by the Federal Government and administered as part 
of the National Seashore. 

Sec. 133. Mesa Verde National Park Boundary Change, leuscuinote. 
(a) Acquisition of Land. — 

(1) In general. — The Secretary may acquire the land or 
an interest in the land described in subsection (b) for addition 
to the Mesa Verde National Park. 

(2) Means. — ^An acquisition of land under paragraph (1) 
may be made by donation, purchase from a willing seller with 
donated or appropriated funds, or exchange. 

(b) Description of Land. — The land referred to in subsection 
(a)(1) is the approximately 360 acres of land adjacent to the Park, 
as generally depicted on the map, entitled "Mesa Verde National 
Park Proposed Boundary Adjustment", numbered 307/80,180, and 
dated March 1, 2007. 

(c) Availability of Map.— The map shall be on file and avail- 
able for inspection in the appropriate offices of the National Park 
Service. 

(d) Boundary Modification. — The boundary of the Park shall 
be revised to reflect the acquisition of the land under subsection 
(a). 

(e) Administration. — The Secretary shall administer any land 
or interest in land acquired under subsection (a)(1) as part of 
the Park in accordance with the laws (including regulations) 
applicable to the Park. 

Sec. 134. In implementing section 1307 of Public Law 96- 
487 (4 Stat. 2479), the Secretary shall deem the present holders 
of entry permit CP-GLBA005-00 and entry permit CP-GLBA004- 
00 each to be a person who, on or before January 1, 1979, was 
engaged in adequately providing visitor services of the type author- 
ized in said permit within Glacier Bay National Park. 



95 



121 STAT. 2124 PUBLIC LAW 110-161— DEC. 26, 2007 

Sec. 135. Funds provided under Public Law 109-54 may be 
granted to the Alice Ferguson Foundation for site planning and 
design and rehabilitation of the Potomac River Habitat Study Com- 
plex and the Wareham Lodge. 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

Science and Technology 

For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended; necessary expenses for 
personnel and related costs and travel expenses, including uniforms, 
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; serv- 
ices as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the maximum rate 
payable for senior level positions under 5 U.S.C. 5376; procurement 
of laboratory equipment and supplies; other operating expenses 
in support of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $772,129,000, to remain available until Sep- 
tember 30, 2009. 

Environmental Programs and Management 

For environmental programs and management, including nec- 
essary expenses, not otherwise provided for, for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as author- 
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the maximum rate payable for 
senior level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles; hire, maintenance, and operation of aircraft; purchase 
of reprints; library memberships in societies or associations which 
issue publications to members only or at a price to members lower 
than to subscribers who are not members; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project; and not to exceed $9,000 for official reception 
and representation expenses, $2,364,854,000, to remain available 
until September 30, 2009, including administrative costs of the 
brownfields program under the Small Business Liability Relief and 
Brownfields Revitahzation Act of 2002. 

Office of Inspector General 

For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, and for construction, alteration, repair, rehabilitation, 
and renovation of facilities, not to exceed $85,000 per project, 
$41,750,000, to remain available vmtil September 30, 2009. 

Buildings and Facilities 

For construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of, or for use by. 



96 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2143 

Chairperson: Provided further. That section 309(1) of division E, 

Public Law 108-447, is amended by inserting "National Opera 118 Stat. 3094. 

Fellowship," after "National Heritage Fellowship,". 

Commission of Fine Arts 

salaries and expenses 

For expenses made necessary by the Act establishing a Commis- 
sion of Fine Arts (40 U.S.C. 104), $2,092,000: Provided, That the 
Commission is authorized to charge fees to cover the full costs 
of its publications, and such fees shall be credited to this account 
as an offsetting collection, to remain available until expended with- 
out further appropriation. 

National Capital Arts and Cultural Affairs 

For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956a), as amended, $8,500,000. 

Advisory Council on Historic Preservation 

SALARIES and EXPENSES 

For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,348,000: Pro- 
vided, That none of these funds shall be available for compensation 
of level V of the Executive Schedule or higher positions. 

National Capital Planning Commission 

salaries and expenses 

For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-quarter 
of 1 percent of the funds provided imder this heading may be 
used for official reception and representational expenses associated 
with hosting international visitors engaged in the planning and 
physical development of world capitals. 

United States Holocaust Memorial Museum 

holocaust memorial museum 

For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106-292 (36 U.S.C. 2301-2310), $45,496,000, of 
which $515,000 for the equipment replacement program shall 
remain available until September 30, 2010; and $1,900,000 for 
the museum's repair and rehabilitation program and $1,264,000 
for the museum's exhibition design and production program shall 
remain available until expended. 

Presidio Trust 

PRESIDIO trust fund 

For necessary expenses to carry out title I of the Omnibus 
Parks and Public Lands Management Act of 1996, $22,400,000 



97 



121 STAT. 2144 



PUBLIC LAW 110-161— DEC. 26, 2007 



Contracts. 



Lobbying. 



Budget 
estimates. 



shall be available to the Presidio Trust, to remain available until 
expended. 

White House Commission on the National Moment of 
Remembrance 

salaries and expenses 

(including transfer of funds) 

For necessary expenses of the White House Commission on 
the National Moment of Remembrance, $200,000, which shall be 
transferred to the Department of Veterans Affairs, "Departmental 
Administration, General Operating Expenses" account and be 
administered by the Secretary of Veterans Affairs. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION 

Salaries and Expenses 

For necessary expenses, including the costs of construction 
design, of the Dwight D. Eisenhower Memorial Commission, 
$2,000,000, to remain available until expended. 

TITLE IV 

GENERAL PROVISIONS 

(including transfers of funds) 

Sec. 401. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu- 
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive Order issued pursuant 
to existing law. 

Sec. 402. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which Congressional 
action is not complete other than to communicate to Members 
of Congress as described in 18 U.S.C. 1913. 

Sec. 403. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 

Sec. 404. None of the funds provided in this Act to any depart- 
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 

Sec. 405. Estimated overhead charges, deductions, reserves 
or holdbacks from programs, projects, activities and subactivities 
to support government- wide, departmental, agency or bureau 
administrative functions or headquarters, regional or central oper- 
ations shall be presented in annual budget justifications and subject 
to approval by the Committees on Appropriations. Changes to such 
estimates shall be presented to the Committees on Appropriations 
for approval. 



98 



121 STAT. 2148 PUBLIC LAW 110-161— DEC. 26, 2007 

under applicable procurement laws, except as provided in this sec- 
tion. 

Sec. 415. (a) Limitation on Competitive Sourcing Studies. — 

(1) Of the funds made available by this or any other Act 
to the Department of the Interior for fiscal year 2008, not 
more than $3,450,000 may be used by the Secretary of the 
Interior to initiate or continue competitive sourcing studies 
in fiscal year 2008 for programs, projects, and activities for 
which funds are appropriated by this Act. 

(2) None of the funds made available by this or any other 
Act may be used in fiscal year 2008 for competitive sourcing 
studies and any related activities involving Forest Service per- 
sonnel. 

(b) Competitive Sourcing Study Defined. — In this section, 
the term "competitive sourcing study" means a study on subjecting 
work performed by Federal Government employees or private con- 
tractors to public-private competition or on converting the Federal 
Government employees or the work performed by such employees 
to private contractor performance under the Office of Management 
and Budget Circular A-76 or any other administrative regulation, 
directive, or policy. 

(c) Competitive Sourcing Exemption for Forest Service 
Studies Conducted Prior to Fiscal Year 2006.— The Forest 
Service is hereby exempted from implementing the Letter of Obliga- 
tion and post-competition accountability guidelines where a competi- 
tive sourcing study involved 65 or fewer full-time equivalents, the 
performance decision was made in favor of the agency provider, 
no net savings was achieved by conducting the study, and the 
study was completed prior to the date of this Act. 

(d) In preparing any reports to the Committees on Appropria- 
tions on competitive sourcing activities, agencies funded in this 
Act shall include all costs attributable to conducting the competitive 
sourcing competitions and staff work to prepare for competitions 
or to determine the feasibility of starting competitions, including 
costs attributable to paying outside consultants and contractors 
and, in accordance with full cost accounting principles, all costs 
attributable to developing, implementing, supporting, managing, 
monitoring, and reporting on competitive sourcing, including per- 
sonnel, consultant, travel, and training costs associated with pro- 
gram management. 

(e) In carrying out any competitive sourcing study involving 
Department of the Interior employees, the Secretary of the Interior 
shall— 

(1) determine whether any of the employees concerned 
are also qualified to participate in wildland fire management 
activities; and 

(2) take into consideration the effect that contracting with 
a private sector source would have on the ability of the Depart- 
ment of the Interior to effectively and efficiently fight and 
manage wildfires. 

Sec. 416. Section 331 of the Department of the Interior and 
Related Agencies Appropriations Act, 2000, regarding the pilot pro- 
gram to enhance Forest Service administration of rights-of-way 
(as enacted into law by section 1000(a)(3) of Public Law 106- 
113; 113 Stat. 1501A-196; 16 U.S.C. 497 note), as amended, is 
amended — 



99 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2149 

(1) in subsection (a) by striking "2006" and inserting "2012"; 
and 

(2) in subsection (b) by striking "2006" and inserting "2012". 
Sec. 417. Section 321 of the Department of the Interior and 

Related Agencies Appropriations Act, 2003, regarding Forest Service 
cooperative agreements with third parties that are of mutually 
significant benefit (division F of Public Law 108-7; 117 Stat. 274; 
16 U.S.C. 565a-l note) is amended by striking "September 30, 
2007" and inserting "September 30, 2010". 

Sec. 418. (a) Notwithstanding any other provision of law and Termination 
until October 1, 2009, the Indian Health Service may not disburse date, 
funds for the provision of health care services pursuant to Public ^^s*^" Natives. 
Law 93-638 (25 U.S.C. 450 et seq.) to any Alaska Native village 
or Alaska Native village corporation that is located within the 
area served by an Alaska Native regional health entity. 

(b) Nothing in this section shall be construed to prohibit the 
disbursal of fiinds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into 
prior to May 1, 2006, or to prohibit the renewal of any such 
agreement. 

(c) For the purpose of this section. Eastern Aleutian Tribes, 
Inc. and the Council of Athabascan Tribal Governments shall be 
treated as Alaska Native regional health entities to which funds 
may be disbursed under this section. 

Sec. 419. Unless otherwise provided herein, no funds appro- 
priated in this Act for the acquisition of lands or interests in 
lands may be expended for the filing of declarations of taking 
or complaints in condemnation without the approval of the House 
and Senate Committees on Appropriations: Provided, That this 
provision shall not apply to funds appropriated to implement the 
Everglades National Park Protection and Expansion Act of 1989, 
or to funds appropriated for Federal assistance to the State of 
Florida to acquire lands for Everglades restoration purposes. 

Sec. 420. Section 337(a) of the Department of the Interior 
and Related Agencies Appropriations Act, 2005 (Public Law 108- 
447; 118 Stat. 3012) is amended by striking "September 30, 2006" 
and inserting "September 30, 2008". 

Sec. 421. Section 339 of division E of the Consolidated Appro- 
priations Act, 2005 (Public Law 108-447; 118 Stat. 3103) is 
amended — 

(1) by striking "2005 through 2007"and inserting "2005 
through 2008"; and 

(2) by adding at the end the following new sentence: "The 
categorical exclusion under this section shall not apply with 
respect to any allotment in a federally designated wilderness 
area.". 

Sec. 422. A permit fee collected during fiscal year 2007 by 
the Secretary of Agriculture under the Act of March 4, 1915 (16 
U.S.C. 497) for a marina on the Shasta-Trinity National Forest 
shall be deposited in a special account in the Treasury established 
for the Secretary of Agriculture, and shall remain available to 
the Secretary of Agriculture until expended, without further appro- 
priation, for purposes stated in section 808(a)(3)(A-D) of title VIII 
of division J of Public Law 108-447 (16 U.S.C. 6807), and for 
direct operating or capital costs associated with the issuance of 
a marina permit. 



100 



PUBLIC LAW 110-161— DEC. 26, 2007 121 STAT. 2151 

use of the Elkhorn Ranch shall be managed through the grazing 
agreement between the Medora Grazing Association and the Forest 
Service. The Animal Unit Months (AUMs) for both Federal and 
private lands encompassing the Elkhorn Ranch shall become part 
of the grazing agreement held by Medora Grazing Association to 
be reallocated to its members in accordance with their rules in 
effect as of the date of the enactment of this Act. 

(h) The multiple uses of the acquired Elkhorn Ranch shall 
continue. 

Sec. 425. In fiscal year 2008 and thereafter, the Forest Service 
shall not change the eligibility requirements for base property, 
and livestock ownership as they relate to leasing of base property 
and shared livestock agreements for grazing permits on the Dakota 
Prairie Grasslands that were in effect as of July 18, 2005. 

Sec. 426. The Arts and Artifacts Indemnity Act (PubUc Law 
94-158) is amended — 

(1) in section 3(a) by striking "(B) the exhibition of which 20USC972. 
is" and inserting in lieu thereof "(B) in the case of international 
exhibitions,"; and 

(2) in section 5(b), by inserting before the period "for inter- 20 USC 974. 
national exhibitions, and $5,000,000,000 at any one time for 
domestic exhibitions"; and 

(3) in section 5(c), by inserting before the period "for inter- 
national exhibitions, or $750,000,000 for domestic exhibitions". 

Sec. 427. In accordance with authorities available in section Administrative 
428, of Public Law 109-54, the Secretary of Agriculture and the transfers. 
Secretary of the Interior shall execute an agreement that transfers 
management and oversight of the Great Onyx, Harper's Ferry, 
and Oconaluftee Job Corps Centers to the Forest Service. These 
Job Corps centers shall continue to be administered as described 
in section 147(c) of Public Law 105-220, Workforce Investment 
Act of 1998. 

Sec. 428. The United States Department of Agriculture, Forest 
Service shall seek to collaborate with stakeholders or parties in 
Sierra Forest Legacy, et al v. Weingardt, et al, Civil No. C 07- 
001654 (E.D. Cal.), and Sierra Club, et al v. Bosworth, et al. 
Civil No. C 05-00397 (N.D. Cal.), regarding harvest operations 
outside of the Giant Sequoia National Monument in relation to 
the decisions approving the Revised Ice Timber Sale and Fuels 
Reduction Project and the Frog Project, and taking into account 
the terms of the contracts for those projects, and in relation to 
the Record of Decision for the Kings River Project, and as appro- 
priate in regard to other disputed fuel reduction projects in the 
area. 

Sec. 429. (a) In General. — Section 636 of division A of the 
Treasury, Postal Service, and General Government Appropriations 
Act, 1997 (5 U.S.C. prec. 5941 note; Public Law 104-208), is 
amended — 

(1) in subsection (b) — 

(A) in paragraph (1), by striking "or"; 

(B) in paragraph (2), by striking the period and 
inserting "; or"; and 

(C) by adding at the end the following: 
"(3) a temporary fire line manager."; and 

(2) in subsection (c) — 

(A) in paragraph (3), by striking ", and" and inserting 
a semicolon; 



101 



PUBLIC LAW 110-161— DEC. 26, 2007 



121 STAT. 2153 



16 use 2104 
note. 



Sec. 434. Section 401 of the Herger-Feinstein Quincy Library 
Group Forest Recovery Act, Public Law 105-277, division A, section 
101(e) (title IV), 112 Stat. 2681-305, is amended— 

(1) In section (g) by striking "until" and all that follows 
and inserting "until September 30, 2012."; 

(2) By striking subsection (i) and inserting the following: 
"By June 1, 2008, the Forest Service shall initiate a collabo- 
rative process with the Plaintiffs in Sierra Nevada Forest Prot. 
Campaign v. Rey, Case No. CIV-S-05-0205 MCE/GGH (E.D. 
Cal.), appeal docketed sub nom. Sierra Forest Legacy v. Rey, 
No. 07-16892 (9th Cir. Oct. 23, 2007) and the Quincy Library 
Group to determine whether modifications to the Pilot Project 
are appropriate for the remainder of the Pilot Project."; and 

(3) By adding at the end the following: 

"(m) Sections 104-106 of Public Law 108-148 shall apply to Applicability, 
projects authorized by this Act.". 

Sec. 435. In addition to the amounts otherwise provided to 
the Environmental Protection Agency in this Act, $8,000,000, to 
remain available until expended, is provided to EPA to be trans- 
ferred to the Department of the Navy for clean-up activities at 
the Treasure Island Naval Station — Hunters Point Annex. 

Sec. 436. In addition to amounts provided to the Environmental 
Protection Agency in this Act, the Oklahoma Department of 
Environmental Quality is provided the amount of $3,000,000 for 
a grant to the Oklahoma Department of Environmental Quality 
for ongoing relocation assistance as administered by the Lead 
Impacted Communities Relocation Assistance Trust and as con- 
ducted consistent with the use of prior unexpended funding for 
relocation assistance, including buy outs of properties, in accordance 
with section 2301 of Public Law 109-234 (120 Stat. 455-466). 

Sec. 437. (a) Across-the-Board Rescissions. — There is hereby 
rescinded an amount equal to 1.56 percent of the budget authority 
provided for fiscal year 2008 for any discretionary appropriation 
in titles I through IV of this Act. 

(b) Proportionate Application. — Any rescission made by sub- 
section (a) shall be applied proportionately — 

(1) to each discretionary account and each item of budget 
authority described in subsection (a); and 

(2) within each such account and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such account or item, 
or for accounts and items not included in appropriation Acts, 
as delineated in the most recently submitted President's 
budget). 

(c) Indian Land and Water Claim Settlements.— Under the 
heading "Bureau of Indian Affairs, Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians", the across- 
the-board rescission in this section, and any subsequent across- 
the-board rescission for fiscal year 2008, shall apply only to the 
first doUar amount in the paragraph and the distribution of the 
rescission shall be at the discretion of the Secretary of the Interior 
who shall submit a report on such distribution and the rationale 
therefor to the House and Senate Committees on Appropriations. 

(d) 0MB Report. — Within 30 days after the date of the enact- 
ment of this section the Director of the Office of Management 
and Budget shall submit to the Committees on Appropriations 



Applicability. 
Reports. 



102 



121 STAT. 2456 PUBLIC LAW 110-161— DEC. 26, 2007 

Sec. 614. In this division, the term "congressional defense 
committees" means — 

(1) the Committees on Armed Services and Appropriations 
of the Senate; and 

(2) the Committees on Armed Services and Appropriations 
of the House of Representatives. 

Sec. 615. This division may be cited as the "Emergency Supple- 
mental Appropriations Act for Defense, 2008". 

Approved December 26, 2007. 



LEGISLATIVE HISTORY — H.R. 2764: 

HOUSE REPORTS: No. 110-197 (Comm. on Appropriations). 
SENATE REPORTS: No. 110-128 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 

June 20, 21, considered and passed House. 

Sept. 6, considered and passed Senate, amended. 

Dec. 17, House concurred in Senate amendment with amendments. 

Dec. 18, Senate concurred in certain House amendments, in 

another with an amendment. 

Dec. 19, House concurred in Senate amendment pursuant to 

H. Res. 893. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 

Dec. 26, Presidential statement. 



o 



103 



122 STAT. 754 



PUBLIC LAW 110-229— MAY 8, 2008 



Public Law 110-229 
110th Congress 



May 8, 2008 
[S. 2739] 



Consolidated 
Natural 
Resources Act 
of 2008. 
16 use 1 note. 



An Act 



To authorize certain programs and activities in the Department of the Interior, 
the Forest Service, and the Department of Energy, to implement further the 
Act approving the Covenant to Establish a Commonwealth of the Northern Mar- 
iana Islands in Political Union with the United States of America, to amend 
the Compact of Free Association Amendments Act of 2003, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title.— This Act may be cited as the "ConsoUdated 
Natural Resources Act of 2008". 

(b) Table of Contents.— The table of contents of this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

title I— forest service authorizations 

Sec. 101. Wild Sky Wilderness. 

Sec. 102. Designation of national recreational trail, Willamette National Forest, Or- 
egon, in honor of Jim Weaver, a former Member of the House of Rep- 
resentatives. 

TITLE II— BUREAU OF LAND MANAGEMENT AUTHORIZATIONS 

Sec. 201. Piedras Blancas Historic Light Station. 

Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area. 

Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada. 

TITLE III— NATIONAL PARK SERVICE AUTHORIZATIONS 

Subtitle A — Cooperative Agreements 

Sec. 301. Cooperative agreements for national park natural resource protection. 

Subtitle B — Boundary Adjustments and Authorizations 

Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment. 

Sec. 312. Lowell National Historical Park boundary adjustment. 

Sec. 313. Minidoka National Historic Site. 

Sec. 314. Acadia National Park improvement. 

Subtitle C— Studies 

Sec. 321. National Park System special resource study, Newtonia Civil War Battle- 
fields, Missouri. 

Sec. 322. National Park Service study regarding the Soldiers' Memorial Military 
Museum. 

Sec. 323. Wolf House study. 

Sec. 324. Space Shuttle Columbia study. 

Sec. 325. Cesar E. Chavez study. 

Sec. 326. Taunton, Massachusetts, special resource study. 

Sec. 327. Rimofthe Valley Corridor study. 

Subtitle D — Memorials, Commissions, and Museums 

Sec. 331. Commemorative work to honor Brigadier General Francis Marion and his 
family. 



104 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 755 

Sec. 332. Dwight D. Eisenhower Memorial Commission. 

Sec. 333. Commission to Study the Potential Creation of a National Museum of the 
American Latino. 

Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration Commis- 
sion. 

Sec. 335. Sense of Congress regarding the designation of the Museum of the Amer- 
ican Quilter s Society of the United States. 

Sec. 336. Sense of Congress regarding the designation of the National Museum of 
Wildlife Art of the United States. 

Sec. 337. Redesignation of Ellis Island Library. 

Subtitle E — Trails and Rivers 

Sec. 341. Authorization and administration of Star-Spangled Banner National His- 
toric Trail. 
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail, Nebraska. 
Sec. 343. Lewis and Clark National Historic Trail extension. 
Sec. 344. Wild and scenic River designation, Eightmile River, Connecticut. 

Subtitle F — Denali National Park and Alaska Railroad Exchange 

Sec. 351. Denali National Park and Alaska Railroad Corporation exchange. 

Subtitle G — National Underground Railroad Network to Freedom Amendments 

Sec. 361. Authorizing appropriations for specific purposes. 

Subtitle H — Grand Canyon Subcontractors 

Sec. 371. Definitions. 
Sec. 372. Authorization. 

TITLE IV— NATIONAL HERITAGE AREAS 

Subtitle A — Journey Through Hallowed Ground National Heritage Area 

Sec. 401. Purposes. 

Sec. 402. Definitions. 

Sec. 403. Designation of the Journey Through Hallowed Ground National Heritage 

Area. 

Sec. 404. Management plan. 

Sec. 405. Evaluation; report. 

Sec. 406. Local coordinating entity. 

Sec. 407. Relationship to other Federal agencies. 

Sec. 408. Private property and regulatory protections. 

Sec. 409. Authorization of appropriations. 

Sec. 410. Use of Federal funds from other sources. 

Sec. 411. Sunset for grants and other assistance. 

Subtitle B — Niagara Falls National Heritage Area 

Sec. 421. Purposes. 

Sec. 422. Definitions. 

Sec. 423. Designation of the Niagara Falls National Heritage Area. 

Sec. 424. Management plan. 

Sec. 425. Evaluation; report. 

Sec. 426. Local coordinating entity. 

Sec. 427. Niagara Falls Heritage Area Commission. 

Sec. 428. Relationship to other Federal agencies. 

Sec. 429. Private property and regulatory protections. 

Sec. 430. Authorization of appropriations. 

Sec. 431. Use of Federal funds fi"om other sources. 

Sec. 432. Sunset for gremts and other assistance. 

Subtitle C — ^Abraham Lincoln National Heritage Area 

Sec. 441. Purposes. 

Sec. 442. Definitions. 

Sec. 443. Designation of Abraham Lincoln National Heritage Area. 

Sec. 444. Management plan. 

Sec. 445. Evaluation; report. 

Sec. 446. Local coordinating entity. 

Sec. 447. Relationship to other Federal agencies. 

Sec. 448. Private property and regulatory protections. 

Sec. 449. Authorization of appropriations. 

Sec. 450. Use of Federal funds from other sources. 

Sec. 451. Sunset for grants and other assistance. 



105 



122 STAT. 756 PUBLIC LAW 110-229— MAY 8, 2008 

Subtitle D — Authorization Extensions and Viability Studies 

Sec. 461. Extensions of authorized appropriations. 
Sec. 462. Evaluation and report. 

Subtitle E — Technical Corrections and Additions 

Sec. 471. National Coal Heritage Area technical corrections. 

Sec. 472. Rivers of steel national heritage area addition. 

Sec. 473. South Carolina National Heritage Corridor addition. 

Sec. 474. Ohio and Erie Canal National Heritage Corridor technical corrections. 

Sec. 475. New Jersey Coastal Heritage trail route extension of authorization. 

Subtitle F— Studies 

Sec. 481. Columbia-Pacific National Heritage Area study. 

Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky. 

TITLE V— BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL 
SURVEY AUTHORIZATIONS 

Sec. 501. Alaska water resources study. 

Sec. 502. Renegotiation of pajrment schedule, Redwood Valley County Water Dis- 
trict. 

Sec. 503. American River Pump Station Project transfer. 

Sec. 504. Arthur V. Watkins Dam enlargement. 

Sec. 505. New Mexico water planning assistance. 

Sec. 506. Conveyance of certain buildings and lands of the Yakima Project, Wash- 
ington. 

Sec. 507. Conjunctive use of surface and groundwater in Juab County, Utah. 

Sec. 508. Early repayment of A & B Irrigation District construction costs. 

Sec. 509. Oregon water resources. 

Sec. 510. Republican River Basin feasibility study. 

Sec. 511. Eastern Municipal Water District. 

Sec. 512. Bay Area regional water recycling program. 

Sec. 513. Bureau of Reclamation site security. 

Sec. 514. More water, more energy, and less waste. 

Sec. 515. Platte River Recovery Implementation Program and Pathfinder Modifica- 
tion Project authorization. 

Sec. 516. Central Oklahoma Master Conservatory District feasibility study. 

TITLE VI— DEPARTMENT OF ENERGY AUTHORIZATIONS 

Sec. 601. Energy technology transfer. 

Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and Tech- 
nology Competitiveness Act of 1988. 

TITLE VII— NORTHERN MARIANA ISLANDS 

Subtitle A — Immigration, Security, and Labor 

Sec. 701. Statement of congressional intent. 

Sec. 702. Immigration reform for the Commonwealth. 

Sec. 703. Further amendments to Public Law 94—241. 

Sec. 704. Authorization of appropriations. 

Sec. 705. Effective date. 

Subtitle B — Northern Mariana Islands Delegate 

Sec. 711. Delegate to House of Representatives firom Commonwealth of the North- 
em Mariana Islands. 

Sec. 712. Election of Delegate. 

Sec. 713. Qualifications for Office of Delegate. 

Sec. 714. Determination of election procedure. 

Sec. 715. Compensation, privileges, and immunities. 

Sec. 716. Lack of effect on covenant. 

Sec. 717. Definition. 

Sec. 718. Conforming amendments regarding appointments to military service 
academies by Delegate from the Commonwealth of the Northern Mar- 
iana Islands. 

TITLE VIII— COMPACTS OF FREE ASSOCIATION AMENDMENTS 

Sec. 801. Approval of Agreements. 

Sec. 802. Funds to facilitate Federal activities. 

Sec. 803. Conforming amendment. 

Sec. 804. Clarifications regarding Palau. 



106 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 757 

Sec. 805. Availability of legal services. 

Sec. 806. Technical amendments. 

Sec. 807. Transmission of videotape programming. 

Sec. 808. Palau road maintenance. 

Sec. 809. Clarification of tax-free status of trust fiinds. 

Sec. 810. Transfer of naval vessels to certain foreign recipients. 

TITLE I— FOREST SERVICE 
AUTHORIZATIONS 

SEC. 101. WILD SKY WILDERNESS. Washington. 

(a) Additions to the National Wilderness Preservation i6 use 1132 
System. — note. 

(1) Additions. — The following Federal lands in the State 
of Washington are hereby designated as wilderness and, there- 
fore, as components of the National Wilderness Preservation 
System: certain lands which comprise approximately 106,000 
acres, as generally depicted on a map entitled "Wild Sky Wilder- 
ness Proposal" and dated February 6, 2007, which shall be 
known as the "Wild Sky Wilderness". 

(2) Map and legal descriptions. — As soon as practicable 
after the date of enactment of this Act, the Secretary of Agri- 
culture shall file a map and a legal description for the wilder- 
ness area designated under this section with the Committee 
on Energy and Natural Resources of the Senate and the Com- 
mittee on Natural Resources of the House of Representatives. 
The map and description shall have the same force and effect 
as if included in this section, except that the Secretary of 
Agriculture may correct clerical and typographical errors in 
the legal description and map. The map and legal description 
shall be on file and available for public inspection in the office 
of the Chief of the Forest Service, Department of Agriculture. 

(b) Administration Provisions.— 

(1) In GENERAL. — 

(A) Subject to valid existing rights, lands designated 
as wilderness by this section shall be managed by the 
Secretary of Agriculture in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.) and this section, except that, 
with respect to any wilderness areas designated by this 
section, any reference in the Wilderness Act to the effective 
date of the Wilderness Act shall be deemed to be a reference 
to the date of enactment of this Act. 

(B) To fulfill the purposes of this section and the 
Wilderness Act and to achieve administrative efficiencies, 
the Secretary of Agriculture may manage the area des- 
ignated by this section as a comprehensive part of the 
larger complex of adjacent and nearby wdldemess areas. 

(2) New trails. — 

(A) The Secretary of Agriculture shall consult with Plan, 
interested parties and shall establish a trail plan for Forest 
Service lands in order to develop — 

(i) a system of hiking and equestrian trails within 
the wilderness designated by this section in a manner 
consistent with the Wilderness Act (16 U.S.C. 1131 
et seq.); and 

(ii) a system of trails adjacent to or to provide 
access to the wilderness designated by this section. 



107 



122 STAT. 768 PUBLIC LAW 110-229— MAY 8, 2008 

TITLE III— NATIONAL PARK SERVICE 
AUTHORIZATIONS 

Subtitle A — Cooperative Agreements 

16 use Ij. SEC. 301. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL 

RESOURCE PROTECTION. 

(a) In General. — The Secretary of the Interior (referred to 
in this section as the "Secretary") may enter into cooperative agree- 
ments with State, local, or tribal governments, other Federal agen- 
cies, other public entities, educational institutions, private nonprofit 
organizations, or participating private landowners for the purpose 
of protecting natural resources of units of the National Park System 
through collaborative efforts on land inside and outside of National 
Park System units. 

(b) Terms and Conditions. — ^A cooperative agreement entered 
into under subsection (a) shall provide clear and direct benefits 
to park natural resources and — 

(1) provide for — 

(A) the preservation, conservation, and restoration of 
coastal and riparian systems, watersheds, and wetlands; 

(B) preventing, controlling, or eradicating invasive 
exotic species that are within a unit of the National Park 
System or adjacent to a unit of the National Park System; 
or 

(C) restoration of natural resources, including native 
wildlife habitat or ecosystems; 

(2) include a statement of purpose demonstrating how the 
agreement will — 

(A) enhance science-based natural resource steward- 
ship at the unit of the National Park System; and 

(B) benefit the parties to the agreement; 

(3) specify any staff required and technical assistance to 
be provided by the Secretary or other parties to the agreement 
in support of activities inside and outside the unit of the 
National Park System that will — 

(A) protect natural resources of the unit of the National 
Park System; and 

(B) benefit the parties to the agreement; 

(4) identify any materials, supplies, or equipment and any 
other resources that will be contributed by the parties to the 
agreement or by other Federal agencies; 

(5) describe any financial assistance to be provided by 
the Secretary or the partners to implement the agreement; 

(6) ensure that any expenditure by the Secretary pursuant 
to the agreement is determined by the Secretary to support 
the purposes of natural resource stewardship at a unit of the 
National Park System; and 

(7) include such other terms and conditions as are agreed 
to by the Secretary and the other parties to the agreement. 

(c) Limitations. — The Secretary shall not use any funds associ- 
ated with an agreement entered into under subsection (a) for the 
purposes of land acqtiisition, regulatory activity, or the development, 
maintenance, or operation of infrastructure, except for ancillary 
support facilities that the Secretary determines to be necessary 



108 



PUBLIC LAW 110-229— MAY 8, 2008 



122 STAT. 769 



for the completion of projects or activities identified in the agree- 
ment. 

(d) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 

Subtitle B — Boundary Adjustments and 
Authorizations 



SEC. 311. 



CARL SANDBURG HOME 
BOUNDARY ADJUSTMENT. 



NATIONAL HISTORIC SITE 16 USC 461 note. 



(a) Definitions. — In this section: 

(1) Historic site.— The term "Historic Site" means Carl 
Sandburg Home National Historic Site. 

(2) Map. — The term "map" means the map entitled "Sand- 
burg Center Alternative" numbered 445/80,017 and dated April 
2007. 

(3) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(b) Acquisition Authority. — The Secretary may acquire from 
willing sellers by donation, purchase with donated or appropriated 
funds, or exchange not more than 110 acres of land, water, or 
interests in land and water, within the area depicted on the map, 
to be added to the Historic Site. 

(c) Visitor Center. — To preserve the historic character and 
landscape of the site, the Secretary may also acquire up to five 
acres for the development of a visitor center and visitor parking 
area adjacent to or in the general vicinity of the Historic Site. 

(d) Boundary Revision. — Upon acquisition of any land or 
interest in land under this section, the Secretary shall revise the 
boundary of the Historic Site to reflect the acquisition. 

(e) Availability of Map.— The map shall be on file and avail- 
able for public inspection in the appropriate offices of the National 
Park Service. 

(f) Administration. — Land added to the Historic Site by this 
section shall be administered as part of the Historic Site in accord- 
ance with applicable laws and regulations. 

SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY ADJUST- 
MENT. 

The Act entitled "An Act to provide for the establishment 
of the Lowell National Historical Park in the Commonwealth of 
Massachusetts, and for other purposes" approved June 5, 1978 
(Pubhc Law 95-290; 92 Stat. 290; 16 U.S.C. 410cc et seq.) is 
amended as follows: 

(1) In section 101(a), by adding a new paragraph after 
paragraph (2) as follows: 

"(3) The boundaries of the park are modified to include 
five parcels of land identified on the map entitled 'Boundary 
Adjustment, Lowell National Historical Park,' numbered 475/ 
81,424B and dated September 2004, and as delineated in sec- 
tion 202(a)(2XG).". 

(2) In section 202(a)(2), by adding at the end the following 
new subparagraph: 

"(G) The properties shown on the map identified in 
subsection (101)(a)(3) as follows: 



Massachusetts. 



16 USC 
410CC-11. 



16 USC 
410CC-22. 



109 



122 STAT. 770 PUBLIC LAW 110-229— MAY 8, 2008 

"(i) 91 Pevey Street. 

"(ii) The portion of 607 Middlesex Place. 

"(iii) Eagle Court. 

"(iv) The portion of 50 Payne Street. 

"(v) 726 Broadway.". 

Idaho. SEC. 313. MINIDOKA NATIONAL HISTORIC SITE. 

le^USC 431 note, (a) DEFINITIONS. — In this section: 

461 note. ' (1) SECRETARY. — ^The term "Secretary" means the Secretary 

of the Interior. 

(2) State. — The term "State" means the State of Idaho. 

(b) Bainbridge Island Japanese American Memorial. — 

(1) Boundary adjustment. — 

(A) In general. — ^The boundary of the Minidoka 
Internment National Monument, located in the State £md 
established by Presidential Proclamation 7395 of January 
17, 2001, is adjusted to include the Nidoto Nai Yoni ("Let 
it not happen again") memorial (referred to in this sub- 
section as the "memorial"), which — 

(i) commemorates the Japanese Americans of Bain- 
bridge Island, Washington, who were the first to be 
forcibly removed from their homes and relocated to 
intenxment camps during World War II under Execu- 
tive Order No. 9066; and 

(ii) consists of approximately 8 acres of land owned 
by the City of Bainbridge Island, Washington, as 
depicted on the map entitled "Bainbridge Island Japa- 
nese American Memorial", numbered 194/80,003, and 
dated September, 2006. 

(B) Map. — The map referred to in subparagraph (A) 
shall be kept on file and made available for public inspec- 
tion in the appropriate offices of the National Park Service. 

(2) Administration of memorial. — 

(A) In general. — The memorial shall be administered 
as part of the Minidoka Internment National Monument. 

(B) Agreements. — ^To carry out this subsection, the 
Secretary may enter into agreements with — 

(i) the City of Bainbridge Island, Washington; 

(ii) the Bainbridge Island Metropolitan Park and 
Recreational District; 

(iii) the Bainbridge Island Japanese American 
Community Memorial Committee; 

(iv) the Bainbridge Island Historical Society; and 

(v) other appropriate individuals or entities. 

(C) Implementation. — To implement an agreement 
entered into under this paragraph, the Secretary may — 

(i) enter into a cooperative management agreement 
relating to the operation and maintenance of the memo- 
rial with the City of Bainbridge Island, Washington, 
in accordance with section 3(1) of Public law 91-383 
(16 U.S.C. la-2(l)); and 

(ii) enter into cooperative agreements with, or 
make grants to, the City of Bainbridge Island, Wash- 
ington, and other non-Federal entities for the develop- 
ment of facilities, infrastructure, and interpretive 
media at the memorial, if any Federal funds provided 



110 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 771 

by a grant or through a cooperative agreement are 

matched with non-Federal funds. 

(D) Administration and visitor use site. — The Sec- 
retary may operate and maintain a site in the State of 
Washington for administrative and visitor use purposes 
associated with the Minidoka Internment National Monu- 
ment. 
(c) Establishment of Minidoka National Historic Site.— 

(1) Definitions. — In this section: 

(A) Historic site. — The term "Historic Site" means 
the Minidoka National Historic Site established by para- 
graph (2)(A). 

(B) Minidoka map.— The term "Minidoka Map" means 
the map entitled "Minidoka National Historic Site, Pro- 
posed Boundary Map", numbered 194/80,004, and dated 
December 2006. 

(2) Establishment. — 

(A) National historic site. — In order to protect, pre- 
serve, and interpret the resources associated with the 
former Minidoka Relocation Center where Japanese Ameri- 
cans were incarcerated during World War II, there is estab- 
lished the Minidoka National Historic Site. 

(B) Minidoka internment national monument. — 

(i) In general. — The Minidoka Internment Abolished. 
National Monument (referred to in this subsection as 
the "Monument"), as described in Presidential 
Proclamation 7395 of January 17, 2001, is abolished. 

(ii) Incorporation. — The land and any interests 
in the land at the Monument are incorporated within, 
and made part of, the Historic Site. 

(iii) Funds. — ^Any funds available for purposes of 
the Monument shall be available for the Historic Site. 

(C) References. — ^Any reference in a law (other than 
in this title), map, regulation, document, record, or other 
paper of the United States to the "Minidoka Internment 
National Monument" shall be considered to be a reference 
to the "Minidoka National Historic Site". 

(3) Boundary of historic site. — 

(A) Boundary. — The boundary of the Historic Site 
shall include — 

(i) approximately 292 acres of land, as depicted 
on the Minidoka Map; and 

(ii) approximately 8 acres of land, as described 
in subsection (b)(l)(A)(ii). 

(B) Availability of map. — The Minidoka Map shall 
be on file and available for public inspection in the appro- 
priate offices of the National Park Service. 

(4) Land transfers and acquisition. — 

(A) Transfer from bureau of reclamation.— 
Administrative jurisdiction over the land identified on the 
Minidoka Map as "BOR parcel 1" and "BOR parcel 2", 
including any improvements on, and appurtenances to, the 
parcels, is transferred from the Bureau of Reclamation 
to the National Park Service for inclusion in the Historic 
Site. 

(B) Transfer from bureau of land management. — 
Administrative jurisdiction over the land identified on the 



ill 



122 STAT. 772 PUBLIC LAW 110-229— MAY 8, 2008 

Minidoka Map as "Public Domain Lands" is transferred 
from the Bureau of Land Management to the National 
Park Service for inclusion in the Historic Site, and the 
portions of any prior Secretarial orders withdrawing the 
land are revoked. 

(C) Acquisition authority. — The Secretary may 
acquire any land or interest in land located within the 
boundary of the Historic Site, as depicted on the Minidoka 
Map, by— 

(i) donation; 

(ii) purchase with donated or appropriated funds 
from a willing seller; or 

(iii) exchange. 

(5) Administration. — 

(A) In general. — The Historic Site shall be adminis- 
tered in accordance with — 

(i) this Act; and 

(ii) laws (including regulations) generally 
applicable to units of the National Park System, 
including — 

(I) the National Park Service Organic Act (16 
U.S.C. 1 et seq.); and 

(II) the Act of August 21, 1935 (16 U.S.C. 
461 et seq.). 

(B) Interpretation and education. — 

(i) In general. — The Secretary shall interpret — 

(I) the story of the relocation of Japanese 
Americans during World War II to the Minidoka 
Relocation Center and other centers across the 
United States; 

(II) the living conditions of the relocation cen- 
ters; 

(III) the work performed by the internees at 
the relocation centers; and 

(IV) the contributions to the United States 
military made by Japanese Americans who had 
been interned. 

(ii) Oral histories.— To the extent feasible, the 
collection of oral histories and testimonials from Japa- 
nese Americans who were confined shall be a part 
of the interpretive program at the Historic Site. 

(iii) Coordination. — The Secretary shall coordi- 
nate the development of interpretive and educational 
materials and programs for the Historic Site with the 
Manzanar Nationsil Historic Site in the State of Cali- 
fornia. 

(C) BaINBRIDGE island JAPANESE AMERICAN MEMO- 
RIAL. — The Bainbridge Island Japanese American Memorial 
shall be administered in accordance with subsection (b)(2). 

(D) Continued agricultural use.— In keeping with 
the historical use of the land following the decommission 
of the Minidoka Relocation Center, the Secretary may issue 
a special use permit or enter into a lease to allow agricul- 
tural uses within the Historic Site under appropriate terms 
and conditions, as determined by the Secretary. 

(6) Disclaimer of interest in land. — 



112 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 773 

(A) In general. — The Secretary may issue to Jerome 
County, Idaho, a document of disclaimer of interest in 
land for the parcel identified as "Tract No. 2" — 

(i) in the final order of condemnation, for the case 
numbered 2479, filed on January 31, 1947, in the 
District Court of the United States, in and for the 
District of Idaho, Southern Division; and 

(ii) on the Minidoka Map. 

(B) Process. — The Secretary shall issue the document 
of disclaimer of interest in land under subsection (a) in 
accordance with section 315(b) of Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1745(b)). 

(C) Effect. — The issuance by the Secretary of the 
document of disclaimer of interest in land under subsection 
(a) shall have the same effect as a quit-claim deed issued 
by the United States. 

(d) Conveyance of American Falls Reservoir District 
Number 2. — 

(1) Definitions. — In this subsection: 

(A) Agreement. — The term "Agreement" means Agree- 
ment No. 5-07-10-L1688 between the United States and 
the District, entitled "Agreement Between the United 
States and the American Falls Reservoir District No. 2 
to Transfer Title to the Federally Owned Milner-Gooding 
Canal and Certain Property Rights, Title and Interest to 
the American Falls Reservoir District No. 2". 

(B) District. — The term "District" means the Amer- 
ican Falls Reservoir District No. 2, located in Jerome, Lin- 
coln, and Gooding Counties, of the State. 

(2) Authority to convey title. — 

(A) In general. — In accordance with all applicable 
law and the terms and conditions set forth in the Agree- 
ment, the Secretary may convey — 

(i) to the District all right, title, and interest in 
and to the land and improvements described in 
Appendix A of the Agreement, subject to valid existing 
rights; 

(ii) to the city of Gooding, located in Gooding 
County, of the State, all right, title, and interest in 
and to the 5.0 acres of land and improvements 
described in Appendix D of the Agreement; and 

(iii) to the Idaho Department of Fish and Game 
all right, title, and interest in and to the 39.72 acres 
of land and improvements described in Appendix D 
of the Agreement. 

(B) Compliance with agreement.— All parties to the 
conveyance under subparagraph (A) shall comply with the 
terms and conditions of the Agreement, to the extent con- 
sistent with this section. 

(3) Compliance with other laws. — 

(A) In general. — On conveyance of the land and 
improvements under paragraph (2)(A)(i), the District shall 
comply with all applicable Federal, State, and local laws 
(including regulations) in the operation of each facility 
transferred. 

(B) Applicable authority. — Nothing in this sub- 
section modifies or otherwise affects the applicability of 



113 



122 STAT. 774 PUBLIC LAW 110-229— MAY 8, 2008 

Federal reclamation law (the Act of June 17, 1902 (32 
Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.)) to project 
water provided to the District. 

(4) Revocation of withdrawals. — 

(A) In general. — The portions of the Secretarial 
Orders dated March 18, 1908, October 7, 1908, September 
29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, 
and May 7, 1963, withdrawing the approximately 6,900 
acres described in Appendix E of the Agreement for the 
purpose of the Gooding Division of the Minidoka Project, 
are revoked. 

(B) Management of withdrawn land. — The Sec- 
retary, acting through the Director of the Bureau of Land 
Management, shall manage the withdrawn land described 
in subparagraph (A) subject to valid existing rights. 

(5) Liability. — 

(A) In general. — Subject to subparagraph (B), upon 
completion of a conveyance under paragraph (2), the United 
States shall not be liable for damages of any kind for 
any injury arising out of an act, omission, or occurrence 
relating to the land (including any improvements to the 
land) conveyed under the conveyance. 

(B) Exception.— Subparagraph (A) shall not apply to 
liability for damages resulting from an injury caused by 
any act of negligence committed by the United States (or 
by any officer, employee, or agent of the United States) 
before the date of completion of the conveyance. 

(C) Federal tort claims act. — Nothing in this para- 
graph increases the liability of the United States beyond 
that provided in chapter 171 of title 28, United States 
Code. 

(6) Future benefits. — 

(A) Responsibility of the district.— After completion 
of the conveyance of land and improvements to the District 
under paragraph (2)(A)(i), and consistent with the Agree- 
ment, the District shall assume responsibility for all duties 
and costs associated with the operation, replacement, 
maintenance, enhancement, and betterment of the trans- 
ferred land (including any improvements to the land). 

(B) Eligibility for federal funding. — 

(i) In general. — Except as provided in clause (ii), 
the District shall not be eligible to receive Federal 
funding to assist in any activity described in subpara- 
graph (A) relating to land and improvements trans- 
ferred under paragraph (2)(A)(i). 

(ii) Exception. — Clause (i) shall not apply to any 
fiinding that would be available to a similarly situated 
nonreclamation district, as determined by the Sec- 
retary. 

(7) National environmental policy act. — Before com- 
pleting any conveyance under this subsection, the Secretary 
shall complete all actions required under — 

(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 

(B) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 



114 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 775 

(C) the National Historic Preservation Act (16 U.S.C. 
470 et seq.); and 

(D) all other applicable laws (including regulations). 
(8) Payment.— 

(A) Fair market value requirement. — As a condition 
of the conveyance under paragraph (2)(A)(i), the District 
shall pay the fair market value for the withdrawn lands 
to be acquired by the District, in accordance with the 
terms of the Agreement. 

(B) Grant for building replacement.— As soon as 
practicable after the date of enactment of this Act, and 
in full satisfaction of the Federal obligation to the District 
for the replacement of the structure in existence on that 
date of enactment that is to be transferred to the National 
Park Service for inclusion in the Minidoka National His- 
toric Site, the Secretary, acting through the Commissioner 
of Reclamation, shall provide to the District a grant in 
the amount of $52,996, in accordance with the terms of 
the Agreement. 

(e) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 

SEC. 314, ACADIA NATIONAL PARK IMPROVEMENT. 

(a) Extension of Land Conveyance Authority.— Section 
102(d) of Public Law 99-420 (16 U.S.C. 341 note) is amended 
by striking paragraph (2) and inserting the following: 

"(2) Federally owned property under jurisdiction of the 
Secretary referred to in paragraph (1) of this subsection shall 
be conveyed to the towns in which the property is located 
without encumbrance and without monetary consideration, 
except that no town shall be eligible to receive such lands 
unless lands within the Park boundary and owned by the 
town have been conveyed to the Secretary.". 

(b) Extension of Acadia National Park Advisory Commis- 
sion. — 

(1) In general.— Section 103(f) of Public Law 99-420 (16 
U.S.C. 341 note) is amended by striking "20" and inserting 
"40". 

(2) Effective date. — The amendment made by paragraph 16 USC 341 note. 
(1) shall take effect on September 25, 2006. 

(c) Authorization of Appropriations. — Section 106 of Public 
Law 99-420 (16 U.S.C. 341 note) is amended by adding the fol- 
lowing: 

"(c) Additional Funding. — In addition to such sums as have 
been heretofore appropriated, there is hereby authorized 
$10,000,000 for acquisition of lands and interests therein.". 

(d) Intermodal Transportation Center. — Title I of Public 
Law 99-420 (16 U.S.C. 341 note) is amended by adding at the 
end the following new section: 

"SEC. 108. INTERMODAL TRANSPORTATION CENTER. 

"(a) In General. — The Secretary may provide assistance in 
the planning, construction, and operation of an intermodal transpor- 
tation center located outside of the boundary of the Park in the 
town of Trenton, Maine to improve the management, interpretation, 
and visitor enjoyment of the Park. 



115 



122 STAT. 776 PUBLIC LAW 110-229— MAY 8, 2008 

"(b) Agreements. — To carry out subsection (a), in admin- 
istering the intermodal transportation center, the Secretary may 
enter into interagency agreements with other Federal agencies, 
and, notwithstanding chapter 63 of title 31, United States Code, 
cooperative agreements, under appropriate terms and conditions, 
with State and local agencies, and nonprofit organizations — 

"(1) to provide exhibits, interpretive services (including 
employing individuals to provide such services), and technical 
assistance; 

"(2) to conduct activities that facilitate the dissemination 
of information relating to the Park and the Island Explorer 
transit system or any successor transit system; 

"(3) to provide financial assistance for the construction 
of the intermodal transportation center in exchange for space 
in the center that is sufficient to interpret the Park; and 

"(4) to assist with the operation and maintenance of the 
intermodal transportation center. 
"(c) Authorization of Appropriations.— 

"(1) In general. — There are authorized to be appropriated 
to the Secretary not more than 40 percent of the total cost 
necessary to carry out this section (including planning, design 
and construction of the intermodal transportation center). 

"(2) Operations and maintenance. — There are authorized 
to be appropriated to the Secretary not more than 85 percent 
of the total cost necessary to maintain and operate the inter- 
modal transportation center.". 

Subtitle C— Studies 

SEC. 321. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, 
NEWTONIA CIVIL WAR BATTLEFIELDS, MISSOURI. 

(a) Special Resource Study. — The Secretary of the Interior 
shall conduct a special resource study relating to the First Battle 
of Newtonia in Newton County, Missouri, which occurred on Sep- 
tember 30, 1862, and the Second Battle of Newtonia, which occurred 
on October 28, 1864, during the Missouri Expedition of Confederate 
General Sterling Price in September and October 1864. 

(b) Contents. — In conducting the study under subsection (a), 
the Secretary shall — 

(1) evaluate the national significance of the Newtonia 
battlefields and their related sites; 

(2) consider the findings and recommendations contained 
in the document entitled "Vision Plan for Newtonia Battlefield 
Preservation" and dated June 2004, which was prepared by 
the Newtonia Battlefields Protection Association; 

(3) evaluate the suitability and feasibility of adding the 
battlefields and related sites as part of Wilson's Creek National 
Battlefield or designating the battlefields and related sites as 
a unit of the National Park System; 

(4) analyze the potential impact that the inclusion of the 
battlefields and related sites as part of Wilson's Creek National 
Battlefield or their designation as a unit of the National Park 
System is likely to have on land within or bordering the battle- 
fields and related sites that is privately owned at the time 
of the study is conducted; 



116 



PUBLIC LAW 110-229— MAY 8, 2008 



122 STAT. 777 



(5) consider alternatives for preservation, protection, and 
interpretation of the battlefields and related sites by the 
National Park Service, other Federal, State, or local govern- 
mental entities, or private and nonprofit organizations; and 

(6) identify cost estimates for any necessary acquisition, 
development, interpretation, operation, and maintenance asso- 
ciated with the alternatives referred to in paragraph (5). 

(c) Criteria. — The criteria for the study of areas for potential 
inclusion in the National Park System contained in section 8 of 
Public Law 91-383 (16 U.S.C. la-5) shall apply to the study under 
subsection (a). 

(d) Transmission to Congress. — Not later than three years Deadline, 
after the date on which funds are first made available for the Reports, 
study under subsection (a), the Secretary shall submit to the Com- 
mittee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 
a report containing — 

(1) the results of the study; and 

(2) any conclusions and recommendations of the Secretary. 

SEC. 322. NATIONAL PARK SERVICE STUDY REGARDING THE SOLDIERS' Missouri. 
MEMORIAL MILITARY MUSEUM. Illinois. 

(a) Findings. — Congress finds as follows: 

(1) The Soldiers' Memorial is a tribute to all veterans 
located in the greater St. Louis area, including Southern 
Illinois. 

(2) The current annual budget for the memorial is $185,000 
and is paid for exclusively by the City of St. Louis. 

(3) In 1923, the City of St. Louis voted to spend $6,000,000 
to purchase a memorial plaza and building dedicated to citizens 
of St. Louis who lost their lives in World War I. 

(4) The purchase of the 7 block site exhausted the funds 
and no money remained to construct a monument. 

(5) In 1933, Mayor Bernard F. Dickmann appealed to citi- 
zens and the city government to raise $1,000,000 to construct 
a memorial building and general improvement of the plaza 
area and the construction of Soldiers' Memorial began on 
October 21, 1935. 

(6) On October 14, 1936, President Franklin D. Roosevelt 
officially dedicated the site. 

(7) On Memorial Day in 1938, Mayor Dickmann opened 
the building to the public. 

(b) Study. — The Secretary of the Interior shall carry out a 
study to determine the suitability and feasibility of designating 
the Soldiers' Memorial Military Museum, located at 1315 Chestnut, 
St. Louis, Missouri, as a unit of the National Park System. 

(c) Study Process and Completion. — Section 8(c) of Public AppiicabUity. 
Law 91-383 (16 U.S.C. la-5(c)) shall apply to the conduct and 
completion of the study required by this section. 

(d) Report. — The Secretary shall submit a report describing 
the results the study required by this section to the Committee 
on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate. 



SEC. 323. WOLF HOUSE STUDY. 

(a) In General. — The Secretary shall complete a special 
resource study of the Wolf House located on Highway 5 in Norfork, 
Arkansas, to determine — 



Arkansas. 



117 



122 STAT. 778 PUBLIC LAW 1 10-229— MAY 8, 2008 

(1) the suitability and feasibility of designating the Wolf 
House as a unit of the National Park System; and 

(2) the methods and means for the protection and 
interpretation of the Wolf House by the National Pgirk Service, 
other Federal, State, or local government entities or private 
or non-profit organizations. 

(b) Study Requirements. — ^The Secretary shall conduct the 
study in accordance with section 8(c) of Public Law 91-383 (16 
U.S.C. la-5). 

(c) Report. — Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing — 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

Texas. SEC. 324. SPACE SHUTTLE COLUMBIA STUDY. 

(a) Definitions. — In this section: 

(1) Memorial. — The term "memorial" means a memorial 
to the Space Shuttle Columbia that is subject to the study 
in subsection (b). 

(2) Secretary. — The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 

(b) Study of Suitability and Feasibility of Establishing 
Memorials to the Space Shuttle Columbia. — 

Deadline. (1) In GENERAL. — Not later than 3 years after the date 

on which funds are made available, the Secretary shall conduct 
a special resource study to determine the feasibility and suit- 
ability of establishing a memorial as a unit or units of the 
National Park System to the Space Shuttle Columbia on land 
in the State of Texas described in paragraph (2) on which 
large debris fi:om the Shuttle was recovered. 

(2) Description of land. — The parcels of land referred 
to in paragraph (1) are — 

(A) the parcel of land owned by the Fredonia Corpora- 
tion, located at the southeast comer of the intersection 
of East Hospital Street and North Fredonia Street, 
Nacogdoches, Texas; 

(B) the parcel of land owned by Temple Inland Inc., 
10 acres of a 61-acre tract bounded by State Highway 
83 and Bayou Bend Road, Hemphill, Texas; 

(C) the parcel of land owned by the city of Lufkin, 
Texas, located at City Hall Park, 301 Charlton Street, 
Lufkin, Texas; and 

(D) the parcel of land owned by San Augustine County, 
Texas, located at 1109 Oaklawn Street, San Augustine, 
Texas. 

(3) Additional sites. — ^The Secretary may recommend to 
Congress additional sites in the State of Texas relating to 
the Space Shuttle Columbia for establishment as memorials 
to the Space Shuttle Columbia. 

Arizona. SEC. 325. CESAR E. CHAVEZ STUDY. 

Deadline. (&) In GENERAL. — Not later than 3 years after the date on 

which funds are made available to carry out this section, the Sec- 
retary of the Interior (referred to in this section as the "Secretary^') 



118 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 779 

shall complete a special resource study of sites in the State of 
Arizona, the State of California, and other States that are signifi- 
cant to the life of Cesar E. Chavez and the farm labor movement 
in the western United States to determine — 

(1) appropriate methods for preserving and interpreting 
the sites; and 

(2) whether any of the sites meets the criteria for listing 
on the National Register of Historic Places or designation as 
a national historic landmark under — 

(A) the Act of August 21, 1935 (16 U.S.C. 461 et 
seq.); or 

(B) the National Historic Preservation Act (16 U.S.C. 
470 et seq.). 

(b) Requirements. — In conducting the study under subsection 
(a), the Secretary shall — 

(1) consider the criteria for the study of areas for potential 
inclusion in the National Park System under section 8(b)(2) 
of Public Law 91-383 (16 U.S.C. la-5(b)(2)); and 

(2) consult with — 

(A) the Cesar E. Chavez Foundation; 

(B) the United Farm Workers Union; and 

(C) State and local historical associations and societies, 
including any State historic preservation offices in the State 
in which the site is located. 

(c) Report. — On completion of the study, the Secretary shall 
submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes — 

(1) the findings of the study; and 

(2) any recommendations of the Secretary. 

(d) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 

SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL RESOURCE STUDY. 

(a) In General. — The Secretary of the Interior (referred to 
in this section as the "Secretary"), in consultation with the appro- 
priate State historic preservation officers. State historical societies, 
the city of Taunton, Massachusetts, and other appropriate organiza- 
tions, shall conduct a special resources study regarding the suit- 
ability and feasibility of designating certain historic buildings and 
areas in Taunton, Massachusetts, as a unit of the National Park 
System. The study shall be conducted and completed in accordance 
with section 8(c) of Public Law 91-383 (16 U.S.C. la-5(c)) and 
shall include analysis, documentation, and determinations 
regarding whether the historic areas in Taunton — 

(1) can be managed, curated, interpreted, restored, pre- 
served, and presented as an organic whole under management 
by the National Park Service or under an alternative manage- 
ment structure; 

(2) have an assemblage of natural, historic, and cultural 
resources that together represent distinctive aspects of Amer- 
ican heritage worthy of recognition, conservation, interpreta- 
tion, and continuing use; 

(3) reflect traditions, customs, beliefs, and historical events 
that are valuable parts of the national story; 



119 



122 STAT. 780 



PUBLIC LAW 110-229— MAY 8, 2008 



(4) provide outstanding opportunities to conserve natural, 
historic, cultural, architectural, or scenic features; 

(5) provide outstanding recreational and educational 
opportunities; and 

(6) can be managed by the National Park Service in part- 
nership with residents, business interests, nonprofit organiza- 
tions, and State and local governments to develop a unit of 
the National Park System consistent with State and local eco- 
nomic activity. 

(b) Report. — Not later than 3 fiscal years after the date on 
which funds are first made available for this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the findings, conclusions, and 
recommendations of the study required under subsection (a). 

(c) Private Property. — ^The recommendations in the report 
submitted pursuant to subsection (b) shall include discussion and 
consideration of the concerns expressed by private landowners with 
respect to designating certain structures referred to in this section 
as a unit of the National Park System. 

California. SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY. 

(a) In General. — The Secretary of the Interior (referred to 
in this section as the "Secretary") shall complete a special resource 
study of the area known as the Rim of the Valley Corridor, generally 
including the mountains encircling the San Fernando, La Crescenta, 
Santa Clarita, Simi, and Conejo Valleys in California, to deter- 
mine — 

(1) the suitability and feasibility of designating all or a 
portion of the corridor as a unit of the Santa Monica Mountains 
National Recreation Area; and 

(2) the methods and means for the protection and 
interpretation of this corridor by the National Park Service, 
other Federal, State, or local government entities or private 
or non-profit organizations. 

(b) Documentation. — In conducting the study authorized 
under subsection (a), the Secretary shall document — 

(1) the process used to develop the existing Santa Monica 
Mountains National Recreation i^ea Fire Management Plan 
and Environmental Impact Statement (September 2005); and 

(2) all activity conducted pursuant to the plan referred 
to in paragraph (1) designed to protect lives and property 
from wildfire. 

(c) Study Requirements. — ^The Secretary shall conduct the 
study in accordance with section 8(c) of Public Law 91-383 (16 
U.S.C. la-5). 

(d) Report. — Not later than 3 years after the date on which 
funds are made available to cEirry out this title, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing — 

(1) the results of the study; and 

(2) any reconunendations of the Secretary. 



120 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 781 

Subtitle D — Memorials, Commissions, and 

Museums 

SEC. 331. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL District of 
FRANCIS MARION AND HIS FAMILY. Columbia. 

40 use 8903 

(a) Findings. — The Congress finds the following: note. 

(1) Francis Marion was bom in 1732 in St. John's Parish, 
Berkeley County, South Carolina. He married Mary Esther 
Videau on April 20th, 1786. Francis and Mary Esther Marion 
had no children, but raised a son of a relative as their own, 
and gave the child Francis Marion's name. 

(2) Brigadier General Marion commanded the Williamsburg 
Militia Revolutionary force in South Carolina and was instru- 
mental in delaying the advance of British forces by leading 
his troops in disrupting supply lines. 

(3) Brigadier General Marion's tactics, which were unheard 
of in rules of warfare at the time, included lightning raids 
on British convoys, after which he and his forces would retreat 
into the swamps to avoid capture. British Lieutenant Colonel 
Tarleton stated that "as for this damned old swamp fox, the 
devil himself could not catch him". Thus, the legend of the 
"Swamp Fox" was born. 

(4) His victory at the Battle of Eutaw Springs in September 
of 1781 was officially recognized by Congress. 

(5) Brigadier General Marion's troops are believed to be 
the first racially integrated force fighting for the United States, 
as his band was a mix of Whites, Blacks, both free and slave, 
and Native Americans. 

(6) As a statesman, he represented his parish in the South 
Carolina senate as well as his State at the Constitutional 
Convention. 

(7) Although the Congress has authorized the establish- 
ment of commemorative works on Federal lands in the District 
of Columbia honoring such celebrated Americans as George 
Washington, Thomas Jefferson, and Abraham Lincoln, the 
National Capital has no comptu-able memorial to Brigadier 
General Francis Marion for his bravery and leadership during 
the Revolutionary War, without which the United States would 
not exist. 

(8) Brigadier General Marion's legacy must live on. Since 
1878, United States Reservation 18 has been officially referred 
to as Marion Park. Located between 4th and 6th Streets, S.E., 
at the intersection of E Street and South Carolina Avenue, 
S.E., in Washington, DC, the park lacks a formal commemora- 
tion to this South Carolina hero who was important to the 
initiation of the Nation's heritage. 

(9) The time has come to correct this oversight so that 
future generations of Americans will know and understand 
the preeminent historical and lasting significance to the Nation 
of Brigadier General Marion's contributions. Such a South Caro- 
lina hero deserves to be given the proper recognition. 

(b) Authority To Establish Commemorative Work. — The 
Marion Park Project, a committee of the Palmetto Conservation 
Foundation, may establish a commemorative work on Federal land 
in the District of Columbia and its environs to honor Brigadier 
General Francis Marion and his service. 



121 



122 STAT. 782 PUBLIC LAW 110-229— MAY 8, 2008 

(c) Compliance With Standards for Commemorative 
Works. — The commemorative work authorized by subsection (b) 
shall be established in accordance with chapter 89 of title 40, 
United States Code (commonly known as the "Commemorative 
Works Act"). 

(d) Use of Federal Funds Prohibited. — Federal funds may 
not be used to pay any expense of the establishment of the 
commemorative work authorized by subsection (b). The Marion 
Park Project, a committee of the Palmetto Conservation Foundation, 
shall be solely responsible for acceptance of contributions for, and 
pajTnent of the expenses of, the establishment of that commemora- 
tive work. 

(e) Deposit of Excess Funds. — If, upon payment of all 
expenses of the establishment of the commemorative work author- 
ized by subsection (b) (including the maintenance and preservation 
amount provided for in section 8906(b) of title 40, United States 
Code), or upon expiration of the authority for the commemorative 
work under chapter 89 of title 40, United States Code, there remains 
a balance of funds received for the establishment of that commemo- 
rative work, the Marion Park Project, a committee of the Palmetto 
Conservation Foundation, shall transmit the amount of the balance 
to the Secretary of the Treasury for deposit in the account provided 
for in section 8906(b)(1) of such title. 

(f) Definitions. — For the purposes of this section, the terms 
"commemorative work" and "the District of Columbia and its envi- 
rons" have the meanings given to such terms in section 8902(a) 
of title 40, United States Code. 

40 use 8903 SEC. 332. DWIGHT D. EISENHOWER MEMORIAL COMMISSION. 

Section 8162 of the Department of Defense Appropriations Act, 
16 use 431 note. 2000 (PubUc Law 106-79; 113 Stat. 1274) is amended— 

(1) by striking subsection (j) and inserting the following: 
"(j) Powers of the Commission. — 
"(1) In general. — 

"(A) Powers. — The Commission may — 

"(i) make such expenditures for services and mate- 
rials for the purpose of carrying out this section as 
the Commission considers advisable from funds appro- 
priated or received as gifts for that purpose; 

"(ii) solicit and accept contributions to be used 
in carrying out this section or to be used in connection 
with the construction or other expenses of the memo- 
rial; 

"(iii) hold hearings and enter into contracts; 
"(iv) enter into contracts for specialized or profes- 
sional services as necessary to carry out this section; 
and 

"(v) take such actions as are necessary to carry 
out this section. 

"(B) Specialized or professional services. — Services 
under subparagraph (A)(iv) may be — 

"(i) obtained without regard to the provisions of 
title 5, United States Code, including section 3109 
of that title; and 

"(ii) may be paid without regard to the provisions 
of title 5, United States Code, including chapter 51 
and subchapter III of chapter 53 of that title. 



122 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 783 

"(2) Gifts of property. — The Commission may accept gifts 
of real or personal property to be used in carrying out this 
section, including to be used in connection with the construction 
or other expenses of the memorial. 

"(3) Federal cooperation.— At the request of the Commis- 
sion, a Federal department or agency may provide any informa- 
tion or other assistance to the Commission that the head of 
the Federal department or agency determines to be appropriate. 
"(4) Powers of members and agents. — 

"(A) In general. — If authorized by the Commission, 
any member or agent of the Commission may take any 
action that the Commission is authorized to take under 
this section. 

"(B) Architect. — The Commission may appoint an 
architect as an agent of the Commission to — 

"(i) represent the Commission on various govern- 
mental source selection and planning boards on the 
selection of the firms that will design and construct 
the memorial; and 

"(ii) perform other duties as designated by the 
Chairperson of the Commission. 

"(C) Treatment. — An authorized member or agent of 
the Commission (including an individual appointed under 
subparagraph (B)) providing services to the Commission 
shall be considered an employee of the Federal Government 
in the performance of those services for the purposes of 
chapter 171 of title 28, United States Code, relating to 
tort claims. 

"(5) Travel. — Each member of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsist- 
ence, at rates authorized for employees of agencies under sub- 
chapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the 
performance of services for the Conunission."; 

(2) by redesignating subsection (o) as subsection (q); and 

(3) by adding after subsection (n) the following: 
"(o) Staff and Support Services. — 

"(1) Executive director.— There shall be an Executive Appointment. 
Director appointed by the Commission to be paid at a rate 
not to exceed the maximum rate of basic pay for level IV 
of the Executive Schedule. 
"(2) Staff.— 

"(A) In general. — The staff of the Commission may 
be appointed and terminated vidthout regard to the provi- 
sions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of that title, relating to classification and General 
Schedule pay rates, except that an individual appointed 
under this paragraph may not receive pay in excess of 
the maximum rate of basic pay for GS-15 of the General 
Schedule. 

"(B) Senior staff. — Notwithstanding subparagraph 
(A), not more than 3 staff employees of the Commission 
(in addition to the Executive Director) may be paid at 
a rate not to exceed the maximum rate of basic pay for 
level IV of the Executive Schedule. 



123 



122 STAT. 784 PUBLIC LAW 110-229— MAY 8, 2008 

"(3) Staff of federal agencies. — On request of the 
Commission, the head of any Federal department or agency 
may detail any of the personnel of the department or agency 
to the Commission to assist the Commission to carry out its 
duties under this section. 

"(4) Federal support. — The Commission shall obtain 
administrative and support services from the General Services 
Administration on a reimbursable basis. The Commission may 
use all contracts, schedules, and acquisition vehicles allowed 
to external clients through the General Services Administra- 
tion. 

"(5) Cooperative agreements.— The Commission may 
enter into cooperative agreements with Federal agencies, State, 
local, tribal and international governments, and private 
interests and organizations which will further the goals and 
purposes of this section. 

"(6) Temporary, intermittent, and part-time services. — 
"(A) In general. — The Commission may obtain tem- 
porary, intermittent, and part-time services under section 
3109 of title 5, United States Code, at rates not to exceed 
the maximum annual rate of basic pay payable under sec- 
tion 5376 of that title. 

"(B) Non-applicability to certain services. — This 
paragraph shall not apply to services under subsection 
(j)(l)(A)(iv). 
"(7) Volunteer services. — 

"(A) In general. — Notwithstanding section 1342 of 
title 31, United States Code, the Commission may accept 
and utilize the services of volunteers serving without com- 
pensation. 

"(B) Reimbursement.— The Commission may 
reimburse such volunteers for local travel and office sup- 
plies, and for other travel expenses, including per diem 
in lieu of subsistence, as authorized by section 5703 of 
title 5, United States Code. 
"(C) Liability. — 

"(i) In general. — Subject to clause (ii), a volunteer 
described in subparagraph (A) shall be considered to 
be a volunteer for purposes of the Volunteer Protection 
Act of 1997 (42 U.S.C. 14501 et seq.). 

"(ii) Exception. — Section 4(d) of the Volunteer 
Protection Act of 1997 (42 U.S.C. 14503(d)) shall not 
apply for purposes of a claim against a volunteer 
described in subparagraph (A), 
"(p) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as necessary to carry out this sec- 
tion.". 

SEC. 333. COMMISSION TO STUDY THE POTENTIAL CREATION OF A 
NATIONAL MUSEUM OF THE AMERICAN LATINO. 

(a) Establishment of Commission. — 

(1) In general. — There is established the Commission to 
Study the Potential Creation of a National Museum of the 
American Latino (hereafter in this section referred to as the 
"Commission"). 



124 



PUBLIC LAW 110-229— MAY 8, 2008 



122 STAT. 785 



(2) Membership. — The Commission shall consist of 23 
members appointed not later than 6 months after the date 
of enactment of this Act as follows: 

(A) The President shall appoint 7 voting members. 

(B) The Speaker of the House of Representatives, the 
Minority Leader of the House of Representatives, the 
Majority Leader of the Senate, and the Minority Leader 
of the Senate shall each appoint 3 voting members. 

(C) In addition to the members appointed under 
subparagraph (B), the Speaker of the House of Representa- 
tives, the Minority Leader of the House of Representatives, 
the Majority Leader of the Senate, and the Minority Leader 
of the Senate shall each appoint 1 nonvoting member. 

(3) Qualifications.— Members of the Commission shall 
be chosen from among individuals, or representatives of institu- 
tions or entities, who possess either — 

(A) a demonstrated commitment to the research, study, 
or promotion of American Latino life, art, history, political 
or economic status, or culture, together with — 

(i) expertise in museum administration; 

(ii) expertise in fundraising for nonprofit or cul- 
tural institutions; 

(iii) experience in the study and teaching of Latino 
culture and history at the post-secondary level; 

(iv) experience in studying the issue of the 
Smithsonian Institution's representation of American 
Latino art, life, history, and culture; or 

(v) extensive experience in public or elected service; 
or 

(B) experience in the administration of, or the planning 
for the establishment of, museums devoted to the study 
and promotion of the role of ethnic, racial, or cultural 
groups in American history. 

(b) Functions of the Commission. — 

(1) Plan of action for establishment and maintenance 
OF museum. — The Commission shall submit a report to the 
President and the Congress containing its recommendations 
with respect to a plan of action for the establishment and 
maintenance of a National Museum of the American Latino 
in Washington, DC (hereafter in this section referred to as 
the "Museum"). 

(2) Fundraising plan. — The Commission shall develop a 
fundraising plan for supporting the creation and maintenance 
of the Museum through contributions by the American people, 
and a separate plan on fundraising by the American Latino 
community. 

(3) Report on issues. — The Commission shall examine 
(in consultation with the Secretary of the Smithsonian Institu- 
tion), and submit a report to the President and the Congress 
on, the following issues: 

(A) The availability and cost of collections to be 
acquired and housed in the Museum. 

(B) The impact of the Museum on regional Hispanic- 
and Latino-related museums. 

(C) Possible locations for the Museum in Washington, 
DC and its environs, to be considered in consultation with 
the National Capital Planning Commission and the 



Deadline. 



President. 



Reports. 



125 



122 STAT. 786 



PUBLIC LAW 110-229— MAY 8, 2008 



Kecommenda- 
tions. 



Deadline. 



Applicability. 



Commission of Fine Arts, the Department of the Interior 
and Smithsonian Institution. 

(D) Whether the Museum should be located within 
the Smithsonian Institution. 

(E) The governance and organizational structure from 
which the Museum should operate. 

(F) How to engage the American Latino community 
in the development and design of the Museum. 

(G) The cost of constructing, operating, and 
maintaining the Museum. 

(4) Legislation to carry out plan of action. — Based 
on the recommendations contained in the report submitted 
under paragraph (1) and the report submitted under paragraph 
(3), the Commission shall submit for consideration to the Com- 
mittee on Transportation and Infrastructure of the House of 
Representatives, the Conunittee on House Administration of 
the House of Representatives, the Committee on Rules and 
Administration of the Senate, the Committee on Natural 
Resources of the House of Representatives, the Conunittee on 
Energy and Natvu"al Resources of the Senate, and the Commit- 
tees on Appropriations of the House of Representatives and 
the Senate recommendations for a legislative plan of action 
to create and construct the Museum. 

(5) National conference. — In carrying out its functions 
under this section, the Commission may convene a national 
conference on the Museum, comprised of individuals committed 
to the advancement of American Latino life, art, history, and 
culture, not later than 18 months after the commission mem- 
bers are selected. 

(c) Administratix'e Provisions. — 

(1) Facilities and support of department of the 
INTERIOR. — The Department of the Interior shall provide from 
funds appropriated for this purpose administrative services, 
facilities, and funds necessary for the performance of the 
Conmiission's ftinctions. These funds shall be made available 
prior to any meetings of the Commission. 

(2) Compensation. — Each member of the Commission who 
is not an officer or employee of the Federal Government may 
receive compensation for each day on which the member is 
engaged in the work of the Commission, at a daily rate to 
be determined by the Secretary of the Interior. 

(3) Travel expenses. — Each member shall be entitled to 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of 
chapter 57 of title 5, United States Code. 

(4) Federal advisory committee act. — ^The Commission 
is not subject to the provisions of the Federal Advisory Com- 
mittee Act. 

(d) Deadline for Submission of Reports; Termination. — 

(1) Deadline. — The Commission shall submit final versions 
of the reports and plans required under subsection (b) not 
later than 24 months after the date of the Commission's first 
meeting. 

(2) Termination. — ^The Commission shall terminate not 
later than 30 days after submitting the final versions of reports 
and plans pursuant to paragraph (1). 



126 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 787 

(e) Authorization of Appropriations.— There are authorized 
to be appropriated for carrying out the activities of the Commission 
$2,100,000 for the first fiscal year beginning after the date of 
enactment of this Act and $1,100,000 for the second fiscal year 
beginning after the date of enactment of this Act. 

SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL 
COMMEMORATION COMMISSION. 

(a) Coordination. — Each commission established under this 
section shall coordinate with the other respective commission estab- 
lished under this section to ensure that commemorations of Henry 
Hudson, Robert Fulton, and Samuel de Champlain are — 

(1) consistent with the plans and programs of the 
commemorative commissions established by the States of New 
York and Vermont; and 

(2) well-organized and successful. 

(b) Definitions. — In this section: 

(1) Champlain commemoration. — The term "Champlain 
commemoration" means the commemoration of the 400th 
anniversary of the voyage of Samuel de Champlain. 

(2) Champlain commission. — The term "Champlain 
Commission" means the Champlain Quadricentennial 
Commemoration Commission established by subsection (c)(1). 

(3) Commission. — The term "Commission" means each of 
the Champlain Commission and the Hudson-Fulton Commis- 
sion. 

(4) Hudson-FULTON commemoration. — The term "Hudson- 
Fulton commemoration" means the commemoration of — 

(A) the 200th anniversary of the voyage of Robert 
Fulton in the Clermont; and 

(B) the 400th anniversary of the voyage of Henry Hud- 
son in the Half Moon. 

(5) Hudson-FULTON commission. — The term "Hudson- 
Fulton Commission" means the Hudson-Fulton 400th 
Conunemoration Commission established by subsection (d)(1). 

(6) Lake champlain basin program.— The term "Lake 
Champlain Basin Program" means the partnership established 
by section 120 of the Federal Water Pollution Control Act 
(33 U.S.C. 1270) between the States of New York and Vermont 
and Federal agencies to carry out the Lake Champlain manage- 
ment plan entitled, "Opportunities for Action: An Evolving Plan 
for the Lake Champlain Basin". 

(7) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(c) Establishment of Champlain Commission. — 

(1) In general. — There is established a commission to 
be known as the "Champlain Quadricentennial Commemoration 
Commission". 

(2) Membership. — 

(A) Composition. — The Champlain Commission shall 
be composed of 10 members, of whom — 

(i) 1 member shall be the Director of the National 
Park Service (or a designee); 

(ii) 4 members shall be appointed by the Secretary 
from among individuals who, on the date of enactment 
of this Act, are — 



127 



122 STAT. 788 PUBLIC LAW 110-229— MAY 8, 2008 

(I) serving as members of the Hudson-Fulton- 
Champlain Quadricentennial Commission of the 
State of New York; and 

(II) residents of Champlain Valley, New York; 
(iii) 4 members shall be appointed by the Secretary 

from among individuals who, on the date of enactment 
of this Act, are — 

(I) serving as members of the Lake Champlain 
Quadricentennial Commission of the State of 
Vermont; and 

(II) residents of the State of Vermont; and 
(iv) 1 member shall be appointed by the Secretary, 

and shall be an individual who has — 

(I) an interest in, support for, and expertise 
appropriate with respect to, the Champlain 
commemoration; and 

(II) knowledge relating to the history of the 
Champlain Valley. 

(B) Term; vacancies. — 

(i) Term. — ^A member of the Champlain Commis- 
sion shall be appointed for the life of the Champleiin 
Commission. 

(ii) Vacancies. — ^A vacancy on the Champlain 
Commission shall be filled in the same manner in 
which the original appointment was made. 
(3) Duties. — The Champlain Commission shall — 

(A) plan, develop, and execute programs and activities 
appropriate to commemorate the 400th anniversary of the 
voyage of Samuel de ChEimplain, the first European to 
discover and explore Lake Champlain; 

(B) facilitate activities relating to the Champlain 
Quadricentennial throughout the United States; 

(C) coordinate the activities of the Champlain Commis- 
sion with — 

(i) State conunemoration commissions; 

(ii) appropriate Federal agencies; 

(iii) the Lake Champlain Basin Program; 

(iv) the National Endowment for the Arts; and 

(v) the Smithsonian Institution; 

(D) encourage civic, patriotic, historical, educational, 
artistic, religious, economic, and other organizations 
throughout the United States to organize and participate 
in anniversary activities to expand the understanding and 
appreciation of the significance of the voyage of Samuel 
de Champlain; 

(E) provide technical assistance to States, localities, 
and nonprofit organizations to further the Champlain 
commemoration ; 

(F) coordinate and facilitate for the public scholarly 
research on, publication about, and interpretation of, the 
voyage of Samuel de Champlain; 

(G) ensure that the Champlain 2009 anniversary pro- 
vides a lasting legacy and a long-term public benefit by 
assisting in the development of appropriate programs and 
facilities; 

(H) help ensure that the observances of the voyage 
of Samuel de Champlain are inclusive £md appropriately 



128 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 789 

recognize the experiences and heritage of all people present 
when Samuel de Champlain arrived in the Champlain 
Valley; and 

(I) consult and coordinate with the Lake Champlain 
Basin Program and other relevant organizations to plan 
and develop programs and activities to commemorate the 
voyage of Samuel de Champlain. 
(d) Establishment of Hudson-Fulton Commission. — 

(1) Establishment. — There is established a commission 
to be known as the "Hudson-Fulton 400th Conunemoration 
Commission". 

(2) Membership. — 

(A) Composition. — The Hudson-Fulton Commission 
shall be composed of 15 members, of whom — 

(i) 1 member shall be the Director of the National 
Park Service (or a designee); 

(ii) 1 member shall be appointed by the Secretary, 
after considering the recommendation of the Governor 
of the State of New York; 

(iii) 6 members shall be appointed by the Sec- 
retary, after considering the recommendations of the 
Members of the House of Representatives whose dis- 
tricts encompass the Hudson River Valley; 

(iv) 2 members shall be appointed by the Secretary, 
after considering the recommendations of the Members 
of the Senate from the State of New York; 

(v) 2 members shall be — 

(I) appointed by the Secretary; and 

(II) individuals who have an interest in, sup- 
port for, and expertise appropriate with respect 
to, the Hudson-Fulton commemoration, of whom — 

(aa) 1 member shall be an individual with 
expertise in the Hudson River Valley National 
Heritage Area; and 

(bb) 1 member shall be an individual with 
expertise in the State of New York, as it 
relates to the Hudson-Fulton commemoration; 
(vi) 1 member shall be the Chairperson of a 
commemorative commission formed by the State of 
New York (or the designee of the Chairperson); and 
(vii) 2 members shall be appointed by the Sec- 
retary, after — 

(I) considering the recommendation of the 
Mayor of the city of New York; and 

(II) consulting the Members of the House of 
Representatives whose districts encompass the city 
of New York. 

(B) Term; vacancies. — 

(i) Term. — A member of the Hudson-Fulton 
Commission shall be appointed for the life of the Hud- 
son-Fulton Commission. 

(ii) Vacancies. — ^A vacancy on the Hudson-Fulton 
Commission shall be filled in the same manner in 
which the original appointment was made. 

(3) Duties. — The Hudson-Fulton Commission shall — 

(A) plan, develop, and execute programs and activities 
appropriate to commemorate — 



129 



122 STAT. 790 PUBLIC LAW 110-229— MAY 8, 2008 

(i) the 400th anniversary of the voyage of Henry 
Hudson, the first European to sail up the Hudson 
River; and 

(ii) the 200th anniversary of the voyage of Robert 
Fulton, the first person to use steam navigation on 
a commercial basis; 

(B) facilitate activities relating to the Hudson-Fulton- 
Champlain Quadricentennial throughout the United States; 

(C) coordinate the activities of the Hudson-Fulton 
Commission with — 

(i) State commemoration commissions; 

(ii) appropriate Federal agencies; 

(iii) the National Park Service, with respect to 
the Hudson River Valley National Heritage Area; 

(iv) the American Heritage Rivers Initiative Inter- 
agency Committee established by Executive Order 
13061, dated September 11, 1997; 

(v) the National Endowment for the Humanities; 

(vi) the National Endowment for the Arts; and 

(vii) the Smithsonian Institution; 

(D) encourage civic, patriotic, historical, educational, 
artistic, religious, economic, and other organizations 
throughout the United States to organize and participate 
in anniversary activities to expand the understanding and 
appreciation of the significance of the voyages of Henry 
Hudson and Robert Fulton; 

(E) provide technical assistance to States, localities, 
and nonprofit organizations to further the Hudson-Fulton 
commemoration; 

(F) coordinate and facilitate for the public scholarly 
research on, publication about, and interpretation of, the 
voyages of Henry Hudson and Robert Fulton; 

(G) ensure that the Hudson-Fulton 2009 commemora- 
tions provide a lasting legacy and long-term public benefit 
by assisting in the development of appropriate programs 
and facilities; and 

(H) help ensure that the observances of Henry Hudson 
are inclusive and appropriately recognize the experiences 
and heritage of all people present when Henry Hudson 
sailed the Hudson River. 
(e) Commission Meetings. — 
Deadline. (1) INITIAL MEETING. — Not later than 30 days after the 

date on which all members of a commission established under 
this section have been appointed, the applicable Commission 
shall hold an initial meeting. 

(2) Meetings. — ^A commission established under this sec- 
tion shall meet — 

(A) at least twice each year; or 

(B) at the call of the Chairperson or the majority 
of the members of the Commission. 

(3) Quorum. — ^A majority of voting members shall con- 
stitute a quorum, but a lesser number may hold meetings. 

(4) Chairperson and vice chairperson. — 

(A) Election. — The Commission shall elect the Chair- 
person and the Vice Chairperson of the Commission on 
an annual basis. 



130 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 791 

(B) Absence of the chairperson. — The Vice Chair- 
person shall serve as the Chairperson in the absence of 
the Chairperson. 
(5) Voting. — ^A commission established under this section 

shall act only on an affirmative vote of a majority of the 

voting members of the applicable Commission. 

(f) Commission Powers. — 

(1) Gifts. — The Commission may solicit, accept, use, and 
dispose of gifts, bequests, or devises of money or other property 
for aiding or facilitating the work of the Commission. 

(2) Appointment of advisory committees. — The Commis- 
sion may appoint such advisory committees as the Commission 
determines to be necessary to carry out this section. 

(3) Authorization of action. — The Commission may 
authorize any member or employee of the Commission to take 
any action that the Commission is authorized to take under 
this section. 

(4) Procurement. — 

(A) In general. — The Commission may procure sup- 
plies, services, and property, and make or enter into con- 
tracts, leases, or other legal agreements, to carry out this 
section (except that a contract, lease, or other legal agree- 
ment made or entered into by the Commission shall not 
extend beyond the date of termination of the Commission). 

(B) Limitation. — The Commission may not purchase 
real property. 

(5) Postal services. — The Commission may use the United 
States mails in the same manner and under the same conditions 
as other agencies of the Federal Government. 

(6) Grants.— 

(A) Champlain commission. — The Champlain Commis- 
sion may make grants in amounts not to exceed $20,000 — 

(i) to communities, nonprofit organizations, and 
State commemorative commissions to develop pro- 
grams to assist in the Champlain commemoration; and 

(ii) to research and scholarly organizations to 
research, publish, or distribute information relating 
to the early history of the voyage of Samuel de Cham- 
plain. 

(B) HuDSON-FULTON COMMISSION. — The Hudson-Fulton 
Commission may make grants in amounts not to exceed 
$20,000— 

(i) to communities, nonprofit organizations, and 
State commemorative commissions to develop pro- 
grams to assist in the Hudson-Fulton commemoration; 
and 

(ii) to research and scholarly organizations to 
research, publish, or distribute information relating 
to the early history of the voyages of Henry Hudson 
and Robert Fulton. 

(7) Technical assistance. — The Commission shall provide 
technical assistance to States, localities, and nonprofit organiza- 
tions to fiirther the Champlain commemoration and Hudson- 
Fulton commemoration, as applicable. 

(8) Coordination and consultation with lake cham- 
plain BASIN PROGRAM. — The Champlain Commission shall 



131 



122 STAT. 792 PUBLIC LAW 110-229— MAY 8, 2008 

coordinate and consult with the Lake Champlain Basin Pro- 
gram to provide grants and technical assistance under para- 
graphs (6)(A) and (7) for the development of activities com- 
memorating the voyage of Samuel de Champlain. 
(g) Commission Personnel Matters. — 

(1) Compensation of members. — 

(A) In general. — Except as provided in subparagraph 
(B), a member of the Conunission shall serve without com- 
pensation. 

(B) Federal employees.— A member of the Commis- 
sion who is an officer or employee of the Federal Govern- 
ment shall serve without compensation in addition to the 
compensation received for the services of the member as 
an officer or employee of the Federal Government. 

(2) Travel expenses.— A member of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsist- 
ence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular place of business of 
the member in the performance of the duties of the Commission. 

(3) Staff. — The Commission may, without regard to the 
civil service laws (including regulations), appoint and terminate 
an Executive Director and such other additional personnel as 
are necessary to enable the Commission to perform the duties 
of the Commission. 

(4) Compensation. — 

(A) In general. — Except as provided in subparagraph 
(B), the Commission may fix the compensation of the Execu- 
tive Director and other personnel without regard to the 
provisions of chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, relating to classification 
of positions and General Schedule pay rates. 

(B) Maximum rate of pay. — The rate of pay for the 
Executive Director and other personnel shall not exceed 
the rate payable for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 

(5) Detail of government employees. — 

(A) Federal employees. — 

(i) In general. — ^At the request of the Commission, 
the head of any Federal agency may detail, on a 
reimbursable or nonreimbursable basis, any of the per- 
sonnel of the agency to the Commission to assist the 
Commission in carrying out the duties of the Commis- 
sion under this section. 

(ii) Civil service status. — The detail of an 
employee under clause (i) shall be without interruption 
or loss of civil service status or privilege. 

(B) State employees. — The Commission may — 

(i) accept the services of personnel detailed from 
the State of New York or the State of Vermont, as 
appropriate (including subdivisions of the States); and 

(ii) reimburse the State of New York or the State 
of Vermont for services of detailed personnel. 

(C) Lake champlain basin program employees. — The 
Champlain Commission may — 

(i) accept the services of personnel detailed from 
the Lake Champlain Basin Program; and 



132 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 793 

(ii) reimburse the Lake Champlain Basin Program 

for services of detailed personnel. 

(D) Procurement of temporary and intermittent 
SERVICES. — The Commission may procure temporary and 
intermittent services in accordance with section 3109(b) 
of title 5, United States Code, at rates for individuals 
that do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of that title. 

(6) Volunteer and uncompensated services. — Notwith- 
standing section 1342 of title 31, United States Code, the 
Commission may accept and use voluntary and uncompensated 
services as the Commission determines necessary. 

(7) Support services. — The Secretary shall provide to the 
Commission, on a reimbursable basis, such administrative sup- 
port services as the Commission may request. 

(8) FACA NONAPPLICABILITY. — Section 14(b) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Commission. 

(h) Reports. — Not later than September 30, 2010, the Commis- 
sion shall submit to the Secretary a report that contains — 

(1) a summary of the activities of the Commission; 

(2) a final accounting of funds received and expended by 
the Commission; and 

(3) the findings and recommendations of the Commission. 
(i) Termination of Commissions. — 

(1) Date of termination. — The Commission shall termi- 
nate on December 31, 2010. 

(2) Transfer of documents and materials. — Before the 
date of termination specified in paragraph (1), the Commission 
shall transfer all of its documents and materials of the Commis- 
sion to the Nationsd Archives or another appropriate Federal 
entity. 

(j) Authorization of Appropriations. — 

(1) In general. — There are authorized to be appropriated 
to carry out this section for each of fiscal years 2008 through 
2011— 

(A) $500,000 to the Champlain Commission; and 

(B) $500,000 to the Hudson-Fulton Commission. 

(2) Availability. — ^Amounts made available under para- 
graph (1) shall remain available until expended. 

SEC. 335. SENSE OF CONGRESS REGARDING THE DESIGNATION OF 
THE MUSEUM OF THE AMERICAN QUILTER'S SOCIETY OF 
THE UNITED STATES. 

(a) Findings.— Congress finds that— 

(1) the Museum of the American Quilter's Society is the 
largest quilt museum in the world, with a total of 13,400 
square feet of exhibition space and more than 150 quilts exhib- 
ited year-round in its 3 galleries; 

(2) the mission of the Museum is to educate the local, 
national, and international public about the art, history, and 
heritage of quiltmaking; 

(3) quilts in the Museum's permanent collection are made 
by quilters from 44 of the 50 States and many foreign countries; 



133 



122 STAT. 794 PUBLIC LAW 110-229— MAY 8, 2008 

(4) the Museum, centrally located in Paducah, Kentucky, 
and open to the public year-round, averages 40,000 visitors 
per year; 

(5) individuals from all 50 States and from more than 
25 foreign countries have visited the Museum; 

(6) the Museum's Friends, an organization dedicated to 
supporting £md sustaining the Museum, also has members in 
all 50 States, with 84 percent of members living more than 
60 miles from the Museum; 

(7) many members of the Museum's Friends have supported 
the Museum annually since the Museum began in 1991; 

(8) quilts exhibited in the Museum are representative of 
the Nation and its cultures thanks to the wide diversity of 
themes and topics, quilts, and quiltmakers; and 

(9) the Museum of the American Quilter's Society has 
national significance and support. 

(b) Sense of Congress. — It is the sense of Congress that 
the Museum of the American Quilter's Society, located at 215 Jeffer- 
son Street, Paducah, Kentucky, should be designated as the 
"National Quilt Museum of the United States". 

SEC. 336. SENSE OF CONGRESS REGARDING THE DESIGNATION OF 
THE NATIONAL MUSEUM OF WILDLIFE ART OF THE 
UNITED STATES. 

(a) Findings. — Congress finds that — 

(1) the National Museum of Wildlife Art in Jackson, 
Wyoming, is devoted to inspiring global recognition of fine 
art related to nature and wildlife; 

(2) the National Museum of Wildlife Art is an excellent 
example of a thematic museum that strives to unify the human- 
ities and sciences into a coherent body of knowledge through 
art; 

(3) the National Museum of Wildlife Art, which was 
founded in 1987 with a private gift of a collection of art, 
has grown in stature and importance and is recognized today 
as the world's premier museum of wildlife art; 

(4) the National Museum of Wildlife Art is the only public 
museum in the United States with the mission of enriching 
and inspiring public appreciation and knowledge of fine art, 
while exploring the relationship between humanity and nature 
by collecting fine art focused on wildlife; 

(5) the National Museum of Wildlife Art is housed in an 
architecturally significant and award- winning 51,000-square 
foot facility that overlooks the 28,000-acre National Elk Refuge 
and is adjacent to the Grand Teton National Park; 

(6) the National Museum of Wildlife Art is accredited with 
the American Association of Museums, continues to grow in 
national recognition and importance with members from every 
State, and has a Board of Trustees and a National Advisory 
Board composed of major benefactors and leaders in the arts 
and sciences from throughout the United States; 

(7) the permanent collection of the National Museum of 
Wildlife Art has grown to more than 3,000 works by important 
historic American artists including Edward Hicks, Anna Hyatt 
Huntington, Charles M. Russell, William Merritt Chase, and 
Alexander Calder, and contemporciry American artists, 



134 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 795 

including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto, 
and Jamie Wyeth; 

(8) the National Museum of Wildlife Art is a destination 
attraction in the Western United States with annual attendance 
of 92,000 visitors from all over the world and an award-winning 
website that receives more than 10,000 visits per week; 

(9) the National Museum of Wildlife Art seeks to educate 
a diverse audience through collecting fine art focused on wild- 
life, presenting exceptional exhibitions, providing community, 
regional, national, and international outreach, and presenting 
extensive educational programming for adults and children; 
and 

(10) a great opportunity exists to use the invaluable 
resources of the National Museum of Wildlife Art to teach 
the schoolchildren of the United States, through onsite visits, 
traveling exhibits, classroom curriculum, online distance 
learning, and other educational initiatives. 

(b) Sense of Congress. — It is the sense of Congress that 
the National Museum of Wildlife Art, located at 2820 Rungius 
Road, Jackson, Wyoming, should be designated as the "National 
Museum of Wildlife Art of the United States". 

SEC. 337. REDESIGNATION OF ELLIS ISLAND LIBRARY. New York. 

(a) REDESIGNATION. — The Ellis Island Library on the third floor 
of the Ellis Island Immigration Museum, located on EUis Island 
in New York Harbor, shall be known and redesignated as the 
"Bob Hope Memorial Library". 

(b) References. — ^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the Ellis 
Island Library on the third floor of the Ellis Island Immigration 
Museum referred to in subsection (a) shall be deemed to be a 
reference to the "Bob Hope Memorial Library". 

Subtitle E — Trails and Rivers 

SEC. 341. AUTHORIZATION AND ADMINISTRATION OF STAR-SPANGLED State listing. 
BANNER NATIONAL HISTORIC TRAIL. 

Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) is amended by adding at the end the following: 

"(26) Star-spangled banner national historic trail. — 
"(A) In GENERAL. — The Star-Spangled Banner National 
Historic Trail, a trail consisting of water and overland 
routes totaling approximately 290 miles, extending from 
Tangier Island, Virginia, through southern Maryland, the 
District of Columbia, and northern Virginia, in the Chesa- 
peake Bay, Patuxent River, Potomac River, and north to 
the Patapsco River, and Baltimore, Maryland, commemo- 
rating the Chesapeake Campaign of the War of 1812 
(including the British invasion of Washington, District of 
Columbia, and its associated feints, and the Battle of Balti- 
more in summer 1814), as generally depicted on the map 
titled 'Star-Spangled Banner National Historic Trail', num- 
bered T02/80,000, and dated June 2007. 

"(B) Map. — The map referred to in subparagraph (A) 
shall be maintained on file and available for public inspec- 
tion in the appropriate offices of the National Park Service. 



135 



122 STAT. 796 PUBLIC LAW 110-229— MAY 8, 2008 

"(C) Administration. — Subject to subparagraph (E)(ii), 
the trail shall be administered by the Secretary of the 
Interior. 

"(D) Land acquisition. — No land or interest in land 
outside the exterior boundaries of any federally adminis- 
tered area may be acquired by the United States for the 
trsiil except with the consent of the owner of the land 
or interest in land. 

"(E) Public participation. — The Secretary of the 
Interior shall — 

"(i) encourage communities, owners of land along 

the trail, and volunteer trail groups to participate in 

the planning, development, and maintenance of the 

trail; and 

"(ii) consult with other affected landowners and 

Federal, State, and local agencies in the administration 

of the trail. 

"(F) Interpretation and assistance. — Subject to the 
availability of appropriations, the Secretary of the Interior 
may provide, to State and local governments and nonprofit 
organizations, interpretive programs and services and tech- 
nical assistance for use in — 

"(i) carrying out preservation and development of 

the trail; and 

"(ii) providing education relating to the War of 

1812 along the trail.". 

SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC 
TRAIL, NEBRASKA. 

(a) Conveyance Authorized. — The Secretary of the Interior 
may convey, without consideration, to the Missouri River Basin 
Lewis and Clark Interpretive Trail and Visitor Center Foundation, 
Inc. (a 501(c)(3) not-for-profit organization with operationad head- 
quarters at 100 Valmont Drive, Nebraska City, Nebraska 68410), 
all right, title, and interest of the United States in and to the 
federally owned land under jurisdiction of the Secretary consisting 
of 2 parcels as generally depicted on the map titled "Lewis and 
Clark National Historic Trail", numbered 648/80,002, and dated 
March 2006. 

(b) Survey; Conveyance Cost. — The exact acreage and legal 
description of the land to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey and all other costs incurred by the Secretary to 
convey the land shall be borne by the Missouri River Basin Lewis 
and Clark Interpretive Trail and Visitor Center Foundation, Inc. 

(c) Condition of Conveyance, Use of Conveyed Land. — 
The conveyance authorized under subsection (a) shall be subject 
to the condition that the Missouri River Basin Lewis and Clark 
Interpretive Trail and Visitor Center Foundation, Inc. use the con- 
veyed land as an historic site and interpretive center for the Lewis 
and Clark National Historic Trail. 

(d) Discontinuance of Use. — If Missouri River Basin Lewis 
and Clark Interpretive TrEul Eind Visitor Center Foundation, Inc. 
determines to discontinue use of the land conveyed under subsection 
(a) as an historic site and interpretive center for the Lewis and 
Clark National Historic Trail, the Missouri River Basin Lewis and 



136 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 797 

Clark Interpretive Trail and Visitor Center Foundation, Inc. shall 
convey lands back to the Secretary without consideration. 

(e) Additional Terms and Conditions. — The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) or the conveyance, if any, 
under subsection (d) as the Secretary considers appropriate to pro- 
tect the interests of the United States. Through a written agreement Contracts, 
with the Foundation, the National Park Service shall ensure that 
the operation of the land conveyed under subsection (a) is in accord- 
ance with National Park Service standards for preservation, mainte- 
nance, and interpretation. 

(0 Authorization of Appropriations. — To assist with the 
operation of the historic site and interpretive center, there is author- 
ized to be appropriated $150,000 per year for a period not to 
exceed 10 years. 

SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC TRAIL EXTENSION. State listing. 

(a) Definitions.— In this section: 

(1) Eastern legacy sites. — The term "Eastern Legacy 
sites" means the sites associated with the preparation or return 
phases of the Lewis and Clark expedition, commonly known 
as the "Eastern Legacy", including sites in Virginia, the District 
of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, 
Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois. This 
includes the routes followed by Meriwether Lewis and William 
Clark, whether independently or together. 

(2) Trail. — The term "Trail" means the Lewis and Clark 
National Historic Trail designated by section 5(a)(6) of the 
National Trails System Act (16 U.S.C. 1244(a)(6)). 

(b) Special Resource Study. — 

(1) In general. — The Secretary shall complete a special 
resovurce study of the Eastern Legacy sites to determine — 

(A) the suitability and feasibility of adding these sites 
to the Trail; and 

(B) the methods and means for the protection and 
interpretation of these sites by the National Park Service, 
other Federal, State, or local government entities or private 
or non-profit organizations. 

(2) Study requirements. — 

(A) In general.— The Secretary shall conduct the 
study in accordamce with section 5(b) of the National Trails 
System Act (16 U.S.C. 1244(b)). 

(B) Impact on tourism. — In conducting the study, the 
Secretary shall analyze the potential impact that the inclu- 
sion of the Eastern Legacy sites is likely to have on tourist 
visitation to the western portion of the trail. 

(c) Report. — Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing — 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, 
CONNECTICUT. 

(a) Findings. — Congress finds the following: 



137 



122 STAT. 798 PUBLIC LAW 110-229— MAY 8, 2008 

(1) The Eightmile River Wild and Scenic River Study Act 
of 2001 (Public Law 107-65; 115 Stat. 484) authorized the 
study of the Eightmile River in the State of Connecticut from 
its headwaters downstream to its confluence with the Con- 
necticut River for potential inclusion in the National Wild and 
Scenic Rivers System. 

(2) The segments of the Eightmile River covered by the 
study are in a free-flowing condition, and the outstanding 
resource values of the river segments include the cultural land- 
scape, water quality, watershed hydrology, unique species and 
natural communities, geology, and watershed ecosystem. 

(3) The Eightmile River WUd and Scenic Study Committee 
has determined that — 

(A) the outstanding resource values of these river seg- 
ments depend on sustaining the integrity and quality of 
the Eightmile River watershed; 

(B) these resource values are manifest within the entire 
watershed; and 

(C) the watershed as a whole, including its protection, 
is itself intrinsically important to this designation. 

(4) The Eightmile River Wild and Scenic Study Committee 
took a watershed approach in studying and recommending 
management options for the river segments and the Eightmile 
River watershed as a whole. 

(5) During the study, the Eightmile River Wild and Scenic 
Study Committee, with assistance from the National Park 
Service, prepared a comprehensive management plan for the 
Eightmile River watershed, dated December 8, 2005 (in this 
section referred to as the "Eightmile River Watershed Manage- 
ment Plan"), which establishes objectives, standards, and action 
programs that will ensxire long-term protection of the out- 
standing values of the river and compatible management of 
the land and water resources of the Eightmile River and its 
watershed, without Federal management of affected lemds not 
owned by the United States. 

(6) The Eightmile River Wild and Scenic Study Committee 
voted in favor of inclusion of the Eightmile River in the National 
Wild and Scenic Rivers System and included this recommenda- 
tion as an integral part of the Eightmile River Watershed 
Management Plan. 

(7) The residents of the towns lying along the Eightmile 
River and comprising most of its watershed (Salem, East 
Haddam, and Lyme, Connecticut), as well as the Boards of 
Selectmen and Land Use Commissions of these towns, voted 
to endorse the Eightmile River Watershed Management Plan 
and to seek designation of the river as a component of the 
National Wild and Scenic Rivers System. 

(8) The State of Connecticut General Assembly enacted 
Public Act 05-18 to endorse the Eightmile River Watershed 
Management Plan and to seek designation of the river as 
a component of the National Wild and Scenic Rivers System, 
(b) Designation. — Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) is amended— 

(1) by redesignating paragraph (167) (relating to the 
Musconetcong River, New Jersey) as paragraph (169); 

(2) by designating the undesignated paragraph relating 
to the White Salmon River, Washington, as paragraph (167); 



138 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 799 

(3) by designating the undesignated paragraph relating 
to the Black Butte River, California, as paragraph (168); and 

(4) by adding at the end the following: 

"(170) EiGHTMiLE River, Connecticut. — Segments of the main 
stem and specified tributaries of the Eightmile River in the State 
of Connecticut, totaling approximately 25.3 miles, to be adminis- 
tered by the Secretary of the Interior as follows: 

"(A) The entire 10.8-mile segment of the main stem, 
starting at its confluence with Lake Hayward Brook to its 
confluence with the Connecticut River at the mouth of Hamburg 
Cove, as a scenic river. 

"(B) The 8.0-mile segment of the East Branch of the 
Eightmile River starting at Witch Meadow Road to its con- 
fluence with the main stem of the Eightmile River, as a scenic 
river. 

"(C) The 3.9-mile segment of Harris Brook starting with 
the confluence of an unnamed stream lying 0.74 miles due 
east of the intersection of Hartford Road (State Route 85) 
and Round Hill Road to its confluence with the East Branch 
of the Eightmile River, as a scenic river. 

"(D) The 1.9-mile segment of Beaver Brook starting at 
its confluence with Cedar Pond Brook to its confluence with 
the main stem of the Eightmile River, as a scenic river. 

"(E) The 0.7-mile segment of Falls Brook from its confluence 
with Tisdale Brook to its confluence with the main stem of 
the Eightmile River at Hamburg Cove, as a scenic river.". 

(c) Management. — The segments of the main stem and certain 16 USC 1274 
tributaries of the Eightmile River in the State of Connecticut des- "o**- 
ignated as components of the National Wild and Scenic Rivers 

System by the amendment made by subsection (b) (in this section 
referred to as the "Eightmile River") shall be managed in accordance 
with the Eightmile River Watershed Management Plan and such 
amendments to the plan as the Secretary of the Interior determines 
are consistent with this section. The Eightmile River Watershed 
Management Plan is deemed to satisfy the requirements for a 
comprehensive management plan required by section 3(d) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). 

(d) Committee. — The Secretary of the Interior shall coordinate 16 USC 1274 
the management responsibilities of the Secretary with regard to note. 

the Eightmile River with the Eightmile River Coordinating Com- 
mittee, as specified in the Eightmile River Watershed Management 
Plan. 

(e) Cooperative Agreements. — In order to provide for the 16 use 1274 
long-term protection, preservation, and enhancement of the note. 
Eightmile River, the Secretary of the Interior may enter into 
cooperative agreements pursuant to sections 10(e) and 11(b)(1) of 

the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) 
with the State of Connecticut, the towns of Salem, Lyme, and 
East Haddam, Connecticut, and appropriate local planning and 
environmental organizations. All cooperative agreements authorized 
by this subsection shall be consistent with the Eightmile River 
Watershed Management Plan and may include provisions for finan- 
cial or other assistance from the United States. 

(f) Relation to National Park System. — Notwithstanding 16 use 1274 
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), note. 

the Eightmile River shall not be administered as part of the 



139 



122 STAT. 800 PUBLIC LAW 110-229— MAY 8, 2008 

National Park System or be subject to regulations which govern 
the National Park System. 
16 use 1274 (g) Land Management. — The zoning ordinances adopted by 

note. the towns of Salem, East Haddam, and Lyme, Connecticut, in 

effect as of December 8, 2005, including provisions for conservation 
of floodplains, wetlands, and watercourses associated with the seg- 
ments, are deemed to satisfy the standards and requirements of 
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277 
(c)). For the purpose of section 6(c) of that Act, such towns shall 
be deemed "villages" and the provisions of that section, which 
prohibit Federal acquisition of lands by condemnation, shall apply 
to the segments designated by subsection (b). The authority of 
the Secretary to acquire lands for the purposes of this section 
shall be limited to acquisition by donation or acquisition with the 
consent of the owner thereof, and shall be subject to the additional 
criteria set forth in the Eightmile River Watershed Management 
Plan. 
16 use 1274 (h) Watershed Approach. — 

note. (1) In general. — In furtherance of the watershed approach 

to resource preservation and enhancement articulated in the 
Eightmile River Watershed Management Plan, the tributaries 
of the Eightmile River watershed specified in paragraph (2) 
are recognized as integral to the protection and enhancement 
of the Eightmile River and its watershed. 

(2) Covered tributaries. — Paragraph (1) apphes with 
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar 
Pond Brook, Cranberry Meadow Brook, Early Brook, Falls 
Brook, Eraser Brook, Harris Brook, Hedge Brook, Lake Hay- 
ward Brook, Malt House Brook, Muddy Brook, Ransom Brook, 
Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, 
Tisdale Brook, Witch Meadow Brook, and all other perennial 
streams within the Eightmile River watershed, 
(i) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as are necessary to carry out this 
section and the amendment made by subsection (b). 

Subtitle F — Denali National Park and 
Alaska Railroad Exchange 

16 use 1132 SEC. 351. DENALI NATIONAL PARK AND ALASEA RAILROAD CORPORA- 

?£^^J 45 use TION EXCHANGE. 

(a) Definitions. — In this section: 

(1) Corporation. — The term "Corporation" means the 
Alaska Railroad Corporation owned by the State of Alaska. 

(2) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(b) Exchange.— 
(1) In general. — 

(A) Easement expanded. — The Secretary is authorized 
to grant to the Alaska Railroad Corporation an exclusive- 
use easement on land that is identified by the Secretary 
within Denali National Park for the purpose of providing 
a location to the Corporation for construction, maintenance, 
and on-going operation of track and associated support 
facilities for turning railroad trains around near Denali 
Park Station. 



1203 note. 



140 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 801 

(B) Easement relinquished.— In exchange for the 
easement granted in subparagraph (A), the Secretary shall 
require the relinquishment of certain portions of the Cor- 

E oration's existing exclusive use easement within the 
oundary of Denali National Park. 
(2) Conditions of the exchange. — 

(A) Equal exchange. — The exchange of easements 
under this section shall be on an approximately equal- 
acre basis. 

(B) Total acres. — The easement granted under para- 
graph (1)(A) shall not exceed 25 acres. 

(C) Interests conveyed. — The easement conveyed to 
the Alaska Railroad Corporation by the Secretary under 
this section shall be under the same terms as the exclusive 
use easement granted to the Railroad in Denali National 
Park in the Deed for Exclusive Use Easement and Railroad 
Related Improvements filed in Book 33, pages 985-994 
of the Nenana Recording District, Alaska, pursuant to the 
Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et 
seq.). The easement relinquished by the Alaska Railroad 
Corporation to the United States under this section shall, 
with respect to the portion being exchanged, be the full 
title and interest received by the Alaska Railroad in the 
Deed for Exclusive Use Easement and Railroad Related 
Improvements filed in Book 33, pages 985-994 of the 
Nenana Recording District, Alaska, pursuant to the Alaska 
Railroad Transfer Act of 1982 (45 U.S.C. 1201 et seq.). 

(D) Costs. — The Alaska Railroad shall pay all costs 
associated with the exchange under this section, including 
the costs of compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the costs of 
any surveys, and other reasonable costs. 

(E) Land to be part of wilderness. — The land under- 
lying any easement relinquished to the United States under 
this section that is adjacent to designated wilderness is 
hereby designated as wilderness and added to the Denali 
Wilderness, the boundaries of which are modified accord- 
ingly, and shall be managed in accordance with applicable 
provisions of the Wilderness Act (78 Stat. 892) and the 
Alaska National Interest Lands Conservation Act of 1980 
(94 Stat. 2371). 

(F) Other terms and conditions. — The Secretary 
shall require any additional terms and conditions under 
this section that the Secretary determines to be appropriate 
to protect the interests of the United States and of Denali 
National Park. 

Subtitle G — National Underground Rail- 
road Network to Freedom Amendments 

SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES. 

(a) In General. — The National Underground Railroad Network 
to Freedom Act of 1998 (16 U.S.C. 4691 et seq.) is amended— 

( 1) by striking section 3(d); 16 USC 469/-1. 

(2) by striking section 4(d); and 16 USC 4691-2. 

(3) by adding at the end the following: 



141 



122 STAT. 802 PUBLIC LAW 110-229— MAY 8, 2008 

16 use 469/-3. "SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

"(a) Amounts. — There are authorized to be appropriated to 
carry out this Act $2,500,000 for each fiscal year, to be allocated 
as follows: 

"(1) $2,000,000 is to be used for the pxirposes of section 
3. 

"(2) $500,000 is to be used for the purposes of section 
4. 

"(b) Restrictions. — No amounts may be appropriated for the 

purposes of this Act except to the Secretary for carrying out the 

responsibilities of the Secretary as set forth in this Act.". 

16USC469H (b) Effective Date. — The amendments made by subsection 

note. (a) shall take effect at the beginning of the fiscal year immediately 

following the date of the enactment of this Act. 

Subtitle H — Grand Canyon Subcontractors 

SEC. 371. DEFINITIONS. 

In this subtitle: 

(1) IDIQ.— The term "IDIQ" means an Indefinite Deliver/ 
Indefinite Quantity contract. 

(2) Park. — The term "park" means Grand Canyon National 
Park. 

(3) PGL— The term "PGI" means Pacific General, Inc. 

(4) Secretary. — The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 

SEC. 372. AUTHORIZATION. 

The Secretary is authorized, subject to the appropriation of 
such funds as may be necessary, to pay the amount owed to the 
subcontractors of PGI for work performed at the park under an 
IDIQ with PGI between fiscal years 2002 and 2003, provided that— 

(1) the primary contract between PGI and the National 
Park Service is terminated; 

(2) the amount owed to the subcontractors is verified; 

(3) all reasonable legal avenues or recourse have been 
exhausted by the subcontractors to recoup amounts owed 
directly firom PGI; and 

(4) the subcontractors provide a written statement that 
payment of the amount verified in paragraph (2) represents 
payment in full by the United States for all work performed 
at the park under the IDIQ with PGI between fiscal years 
2002 and 2003. 

TITLE IV— NATIONAL HERITAGE AREAS 

state listing Subtltlc A — Joumcy Through Hallowed 

16 use 461 note. ^-~. -. -^f . . ■. ^x • j^ a 

Ground National Heritage Area 

SEC. 401. PURPOSES. 

The piirposes of this subtitle include — 

(1) to recognize the national importance of the natural 
and cultural legacies of the area, as demonstrated in the study 



142 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 803 

entitled "The Journey Through Hallowed Ground National 
Heritage Area Feasibility Study" dated September 2006; 

(2) to preserve, support, conserve, and interpret the legacy 
of the American history created along the National Heritage 
Area; 

(3) to promote heritage, cultural and recreational tourism 
and to develop educational and cultural programs for visitors 
and the general public; 

(4) to recognize and interpret important events and 
geographic locations representing key developments in the cre- 
ation of America, including Native American, Colonial Amer- 
ican, European American, and African American heritage; 

(5) to recognize and interpret the effect of the Civil War 
on the civilian population of the National Heritage Area during 
the war and post-war reconstruction period; 

(6) to enhance a cooperative management framework to 
assist the Commonwealth of Virginia, the State of Maryland, 
the Commonwealth of Pennsylvania, the State of West Virginia, 
and their units of local government, the private sector, and 
citizens residing in the National Heritage Area in conserving, 
supporting, enhancing, and interpreting the significant historic, 
cultural and recreational sites in the National Heritage Area; 
and 

(7) to provide appropriate linkages among units of the 
National Park System within and surrounding the National 
Heritage Area, to protect, enhance, and interpret resources 
outside of park boundaries. 

SEC. 402. DEFIMTIONS. 

In this subtitle — 

(1) National heritage area. — The term "National Herit- 
age Area" means the Journey Through Hallowed Ground 
National Heritage Area established in this subtitle. 

(2) Local coordinating entity. — The term "local coordi- 
nating entity" means the Journey Through Hallowed Ground 
Partnership, a Virginia non-profit, which is hereby designated 
by Congress — 

(A) to develop, in partnership with others, the manage- 
ment plan for the National Heritage Area; and 

(B) to act as a catalyst for the implementation of 
projects and programs among diverse partners in the 
National Heritage Area. 

(3) Management plan. — The term "management plan" 
means the plan prepared by the local coordinating entity for 
the National Heritage Area that specifies actions, policies, 
strategies, performance goals, and recommendations to meet 
the goals of the National Heritage Area, in accordance with 
this subtitle. 

(4) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

SEC. 403. DESIGNATION OF THE JOURNEY THROUGH HALLOWED 
GROUND national HERITAGE AREA. 

(a) Establishment. — There is hereby established the Journey 
Through Hallowed Ground National Heritage Area. 

(b) Boundaries. — 

(1) In general. — The Heritage Area shall consist of the 
175-mile region generally following the Route 15 corridor and 



143 



122 STAT. 804 PUBLIC LAW 110-229— MAY 8, 2008 

surrounding areas from Adams County, Pennsylvania, through 
Frederick County, Maryland, including the Heart of the Civil 
War Maryland State Heritage Area, looping through Brunswick, 
Maryland, to Harpers Ferry, West Virginia, back through 
Loudoun County, Virginia, to the Route 15 corridor and sur- 
rounding areas encompassing portions of Loudoun and Prince 
William Counties, Virginia, then Fauquier County, Virginia, 
portions of Spotsylvania and Madison Counties, Virginia, and 
Culpepper, Rappahannock, Orange, and Albemarle Counties, 
Virginia. 

(2) Map. — The boundaries of the National Heritage Area 
shall include all of those lands and interests as generally 
depicted on the map titled "Journey Through Hallowed Ground 
National Heritage Area", numbered P90/80,000, and dated 
October 2006. The map shall be on file and available to the 
public in the appropriate offices of the National Park Service 
and the local coordinating entity. 

SEC. 404. MANAGEMENT PLAN. 

(a) Requirements. — The management plan for the National 
Heritage Area shall — 

(1) describe comprehensive policies, goals, strategies, and 
recommendations for telling the story of the heritage of the 
area covered by the National Heritage Area and encouraging 
long-term resource protection, enhancement, interpretation, 
funding, management, and development of the National Herit- 
age Area; 

(2) include a description of actions and commitments that 
Federal, State, Tribal, and local governments, private organiza- 
tions, and citizens will take to protect, enhance, interpret, 
fund, manage, and develop the natural, historical, cultural, 
educational, scenic, and recreational resources of the National 
Heritage Area; 

(3) specify existing and potential sources of funding or 
economic development strategies to protect, enhance, interpret, 
fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, 
educational, scenic, and recreational resources of the National 
Heritage Area related to the national importance and themes 
of the National Heritage Area that should be protected, 
enhanced, interpreted, managed, fiinded, and developed; 

Reconunenda- (5) recommend policies and strategies for resource manage- 

tions. ment, including the development of intergovernmental and 

interagency agreements to protect, enhance, interpret, fund, 
manage, and develop the natural, historical, cultural, edu- 
cational, scenic, and recreational resources of the National 
Heritage Area; 

(6) describe a program for implementation for the manage- 
ment plan, including — 

(A) performance goals; 

(B) plans for resource protection, enhancement, 
interpretation, fimding, management, and development; 
and 

(C) specific commitments for implementation that have 
been made by the local coordinating entity or any Federal, 
State, Tribal, or local government agency, organization, 
business, or individual; 



144 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 805 

(7) include an analysis of, and recommendations for, means 
by which Federal, State, Tribal, and local programs may best 
be coordinated (including the role of the National Park Service 
and other Federal agencies associated with the National Herit- 
age Area) to further the purposes of this subtitle; and 

(8) include a business plan that — 

(A) describes the role, operation, financing, and func- 
tions of the local coordinating entity and of each of the 
major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordi- 
nating entity has the partnerships and financial and other 
resources necessary to implement the management plan 
for the National Heritage Area. 

(b) Deadline.— 

(1) In general. — Not later than 3 years after the date 
on which fiinds are first made available to develop the manage- 
ment plan after designation as a National Heritage Area, the 
local coordinating entity shall submit the management plan 
to the Secretary for approval. 

(2) Termination of funding. — If the management plan 
is not submitted to the Secretary in accordance with paragraph 
(1), the local coordinating entity shall not qualify for any addi- 
tional financial assistance under this subtitle until such time 
as the management plan is submitted to and approved by 
the Secretary. 

(c) Approval of Management Plan. — 

(1) Review. — Not later than 180 days after receiving the Deadline, 
plan, the Secretary shall review and approve or disapprove 

the management plan for a National Heritage Area on the 
basis of the criteria established under paragraph (3). 

(2) Consultation. — The Secretary shall consult v^dth the 
Governor of each State in which the National Heritage Area 
is located before approving a management plan for the National 
Heritage Area. 

(3) Criteria for approval.— In determining whether to 
approve a management plan for a National Heritage Area, 
the Secretary shall consider whether — 

(A) the local coordinating entity represents the diverse 
interests of the National Heritage Area, including Federal, 
State, Tribal, and local governments, natural, and historic 
resource protection organizations, educational institutions, 
businesses, recreational organizations, community resi- 
dents, and private property owners; 

(B) the local coordinating entity — 

(i) has afforded adequate opportunity for public 
and Federal, State, Tribal, and local governmental 
involvement (including through workshops and 
hearings) in the preparation of the management plan; 
and 

(ii) provides for at least semiannual public 
meetings to ensure adequate implementation of the 
management plan; 

(C) the resource protection, enhancement, interpreta- 
tion, funding, management, and development strategies 
described in the management plan, if implemented, would 
adequately protect, enhance, interpret, fund, manage, and 



145 



122 STAT. 806 PUBLIC LAW 110-229— MAY 8, 2008 

develop the natural, historic, cultural, educational, scenic, 
and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect 
any activities authorized on Federal land under public 
land laws or land use plans; 

(E) the local coordinating entity has demonstrated the 
financial capability, in partnership with others, to carry 
out the plan; 

(F) the Secretary has received adequate assurances 
from the appropriate State, Tribal, and local officials whose 
support is needed to ensure the effective implementation 
of the State, Tribal, and local elements of the management 
plan; and 

(G) the management plan demonstrates partnerships 
among the local coordinating entity. Federal, State, Tribal, 
and local governments, regional planning organizations, 
nonprofit organizations, or private sector parties for 
implementation of the management plan. 

(4) Disapproval. — 

(A) In general. — If the Secretary disapproves the 
management plan, the Secretary — 

(i) shall advise the local coordinating entity in 
writing of the reasons for the disapproval; and 

(ii) may make recommendations to the local coordi- 
nating entity for revisions to the management plan. 

(B) Deadline. — Not later than 180 days after receiving 
a revised management plan, the Secretary shall approve 
or disapprove the revised management plan. 

(5) Amendments. — 

(A) In general. — ^An amendment to the management 
plan that substantially alters the purposes of the National 
Heritage Area shall be reviewed by the Secretary and 
approved or disapproved in the same manner as the 
original management plan. 

(B) Implementation. — The local coordinating entity 
shall not use Federal funds authorized by this subtitle 
to implement an amendment to the management plan until 
the Secretary approves the amendment. 

(6) Authorities. — ^The Secretary may — 

(A) provide technical assistance under the authority 
of this subtitle for the development and implementation 
of the management plan; and 

(B) enter into cooperative agreements with interested 
parties to carry out this subtitle. 

SEC. 405. EVALUATION; REPORT. 

(a) In General. — Not later than 3 years before the date on 
which authority for Federal funding terminates for the National 
Heritage Area under this subtitle, the Secretary shall — 

(1) conduct an evaluation of the accomplishments of the 
National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) Evaluation. — An evaluation conducted under subsection 
(a)(1) shall— 

(1) assess the progress of the local coordinating entity 
with respect to — 



146 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 807 

(A) accomplishing the purposes of the authorizing legis- 
lation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 
management plan for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, local, and private 
investments in the National Heritage Area to determine the 
impact of the investments; and 

(3) review the management structure, partnership relation- 
ships, and funding of the National Heritage Area for purposes 
of identifying the critical components for sustainability of the 
National Heritage Area. 

(c) Report. — Based on the evaluation conducted under sub- 
section (a)(1), the Secretary shall submit a report to the Committee 
on Natural Resources of the United States House of Representatives 
and the Committee on Energy and Natural Resources of the United 
States Senate. The report shall include recommendations for the 
future role of the National Park Service, if any, with respect to 
the National Heritage Area. 

SEC. 406. LOCAL COORDINATING ENTITY. 

(a) Duties. — To further the purposes of the National Heritage 
Area, the Journey Through Hallowed Ground Partnership, as the 
local coordinating entity, shall — 

(1) prepare a management plan for the National Heritage Plan. 
Area, and submit the management plan to the Secretary, in 
accordance with this subtitle; 

(2) submit an annual report to the Secretary for each Reports, 
fiscal year for which the local coordinating entity receives Fed- 
eral funds under this subtitle, specifying — 

(A) the specific performance goals and accomplishments 
of the local coordinating entity; 

(B) the expenses and income of the local coordinating 
entity; 

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and 
sources of the leveraging; and 

(E) grants made to any other entities during the fiscal 
year; 

(3) make available for audit for each fiscal year for which 
the local coordinating entity receives Federal funds under this 
subtitle, all information pertaining to the expenditure of the 
funds and any matching funds; and 

(4) encourage economic viability and sustainability that 
is consistent with the purposes of the National Heritage Area. 

(b) Authorities. — For the purposes of preparing and imple- 
menting the approved management plan for the National Heritage 
Area, the local coordinating entity may use Federal funds made 
available under this subtitle to — 

(1) make grants to political jurisdictions, nonprofit 
organizations, and other parties within the National Heritage 
Area; 

(2) enter into cooperative agreements with or provide tech- 
nical assistance to political jurisdictions, nonprofit organiza- 
tions, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with 
expertise in — 



147 



122 STAT. 808 PUBLIC LAW 110-229— MAY 8, 2008 

(A) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including 
other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities 
that ftirther the purposes of the National Heritage Area £md 
are consistent with the approved management plan. 

(c) Prohibition on Acquisition of Real Property. — The local 
coordinating entity may not use Federal funds authorized under 
this subtitle to acquire any interest in real property. 

SEC, 407. RELATIONSfflP TO OTHER FEDERAL AGENCIES. 

(a) In General. — ^Nothing in this subtitle affects the authority 
of a Federal agency to provide technical or financial assistance 
under any other law. 

(b) Consultation and Coordination. — The head of any Fed- 
eral agency planning to conduct activities that may have an impact 
on a National Heritage Area is encouraged to consult and coordinate 
the activities with the Secretary and the locsd coordinating entity 
to the maximum extent practicable. 

(c) Other Federal Agencies. — ^Nothing in this subtitle — 

(1) modifies, alters, or amends any law or regulation 
authorizing a Federal agency to manage Federal land under 
the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to 
implement an approved land use plan within the boundaries 
of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Fed- 
eral land under the jurisdiction of a Federal agency. 

SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle — 

(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain firom petrtici- 
pating in any plan, project, program, or activity conducted 
within the National Heritage Area; 

(2) requires any property owner to permit public access 
(including access by Federal, State, Tribal, or local agencies) 
to the property of the property owner, or to modify public 
access or use of property of the property owner under any 
other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority (such as the 
authority to make safety improvements or increase the capacity 
of existing roads or to construct new roads) of any Federal, 
State, Tribal, or local agency, or conveys any land use or 
other regulatory authority to any local coordinating entity, 
including but not necessarily limited to development and 
management of energy or water or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation 
of water or water rights; 

(5) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the National Heritage Area; or 



148 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 809 

(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 

SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

(a) Authorization of Appropriations. — Subject to subsection 
(b), there are authorized to be appropriated to carry out this subtitle 
not more than $1,000,000 for any fiscal year. Fvmds so appropriated 
shall remain available until expended. 

(b) Limitation on Total Amounts Appropriated. — Not more 
than $15,000,000 may be appropriated to carry out this subtitle. 

(c) Cost-Sharing Requirement.— The Federal share of the 
total cost of any activity under this subtitle shall be not more 
than 50 percent; the non-Federal contribution may be in the form 
of in-kind contributions of goods or services fairly valued. 

SEC. 410. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating 
entity from using Federal funds available under other laws for 
the purposes for which those funds were authorized. 

SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance 
under this subtitle terminates on the date that is 15 years after 
the date of enactment of this subtitle. 

Subtitle B — Niagara Falls National New York. 

XT 'J. A 16 use 461 note. 

Heritage Area 

SEC. 421. PURPOSES. 

The purposes of this subtitle include — 

(1) to recognize the national importance of the natural 
and cultural legacies of the area, as demonstrated in the 
National Park Service study report entitled "Niagara National 
Heritage Area Study" dated 2005; 

(2) to preserve, support, conserve, and interpret the nat- 
ural, scenic, cultural, and historic resources within the National 
Heritage Area; 

(3) to promote heritage, cultural, and recreational tourism 
and to develop educational and cultural programs for visitors 
and the general public; 

(4) to recognize and interpret important events and 
geographic locations representing key developments in Amer- 
ican history and culture, including Native American, Colonial 
American, European American, and African American heritage; 

(5) to enhance a cooperative management framework to 
assist State, local, and Tribal governments, the private sector, 
and citizens residing in the National Heritage Area in con- 
serving, supporting, enhancing, and interpreting the significant 
historic, cultural, and recreational sites in the National Herit- 
age Area; 

(6) to conserve and interpret the history of the development 
of hydroelectric power in the United States and its role in 
developing the American economy; and 

(7) to provide appropriate linkages among units of the 
National Park System within and surrounding the National 



149 



122 STAT. 810 PUBLIC LAW 110-229— MAY 8, 2008 

Heritage Area, to protect, enhance, and interpret resources 
outside of park boundaries. 

SEC. 422. DEFINITIONS. 

In this subtitle: 

(1) Commission. — The term "Commission" means the 
Niagara Falls National Heritage Area Commission established 
under this subtitle. 

(2) Governor. — The term "Governor" means the Governor 
of the State of New York. 

(3) Local coordinating entity. — The term "local coordi- 
nating entity means the local coordinating entity for the 
National Heritage Area designated pursuant to this subtitle. 

(4) Management plan.— The term "management plan" 
means the plan prepared by the local coordinating entity for 
the National Heritage Area that specifies actions, policies, 
strategies, performance goals, and recoramendations to meet 
the goals of the National Heritage Area, in accordance with 
this subtitle. 

(5) National heritage area. — The term "National Herit- 
age Area" means the Niagara Falls National Heritage Area 
established in this subtitle. 

(6) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

sec. 423. designation of the niagara falls national heritage 
area. 

(a) Establishment. — There is hereby established the Niagara 
Falls National Heritage Area. 

(b) Boundaries.— 

(1) In general. — The National Heritage Area shall consist 
of the area from the western boundary of the town of Wheat- 
field, New York, extending to the mouth of the Niagara River 
on Lake Ontario, including the city of Niagara Falls, New 
York, the villages of Youngstown and Lewiston, New York, 
land and water within the boundaries of the Heritage Area 
in Niagara County, New York, and any additional thematically 
related sites within Erie and Niagara Counties, New York, 
that are identified in the management plan developed under 
this subtitle. 

(2) Map. — ^The boundaries of the National Heritage Area 
shall be as generally depicted on the map titled "Niagara Falls 
National Heritage Area," and numbered P76/80,000 and dated 
July, 2006. The map shall be on file and available to the 
public in the appropriate offices of the National Park Service 
and the local coordinating entity. 

SEC. 424. management PLAN. 

(a) Requirements. — The management plan for the National 
Heritage Area shall — 

(1) describe comprehensive policies, goals, strategies, and 
recommendations for telling the story of the heritage of the 
area covered by the National Heritage Area and encouraging 
long-term resource protection, enhancement, interpretation, 
funding, management, and development of the National Herit- 
age Area; 



150 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 811 

(2) include a description of actions and commitments that 
Federal, State, Tribal, and local governments, private organiza- 
tions, and citizens will take to protect, enhance, interpret, 
fund, manage, and develop the natural, historical, cultural, 
educational, scenic, and recreational resources of the National 
Heritage Area; 

(3) specify existing and potential sources of funding or 
economic development strategies to protect, enhance, interpret, 
fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, 
educational, scenic, and recreational resources of the National 
Heritage Area related to the national importance and themes 
of the National Heritage Area that should be protected, 
enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource manage- Recommenda- 
ment, including the development of intergovernmental and tions. 
interagency agreements to protect, enhance, interpret, fund, 

manage, and develop the natural, historical, cultural, edu- 
cational, scenic, and recreational resources of the National 
Heritage Area; 

(6) describe a program for implementation for the manage- 
ment plan, including — 

(A) performance goals; 

(B) plans for resource protection, enhancement, 
interpretation, funding, management, and development; 
and 

(C) specific commitments for implementation that have 
been made by the local coordinating entity or any Federal, 
State, Tribal, or local government agency, organization, 
business, or individual; 

(7) include an analysis of, and recommendations for, means 
by which Federal, State, Tribal, and local programs may best 
be coordinated (including the role of the National Park Service 
and other Federal agencies associated with the National Herit- 
age Area) to further the purposes of this subtitle; and 

(8) include a business plan that — 

(A) describes the role, operation, financing, and func- 
tions of the local coordinating entity and of each of the 
major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordi- 
nating entity has the partnerships and financial and other 
resources necessary to implement the management plan 
for the National Heritage Area. 

(b) Deadline. — 

(1) In general. — Not later than 3 years after the date 
on which funds are first made available to develop the manage- 
ment plan after designation as a National Heritage Area, the 
local coordinating entity shall submit the management plan 
to the Secretary for approval. 

(2) Termination of funding. — If the management plan 
is not submitted to the Secretary in accordance with paragraph 
(1), the local coordinating entity shall not qualify for any addi- 
tional financial assistance under this subtitle until such time 
as the management plan is submitted to and approved by 
the Secretary. 

(c) Approval of Management Plan. — 



151 



122 STAT. 812 



PUBLIC LAW 110-229— MAY 8, 2008 



Deadline. 



(1) Review. — Not later than 180 days after receiving the 
plan, the Secretary shall review and approve or disapprove 
the management plan for a National Heritage Area on the 
basis of the criteria established under paragraph (3). 

(2) Consultation. — The Secretary shall consult with the 
Governor before approving a management plan for the National 
Heritage Area. 

(3) Criteria for approval. — In determining whether to 
approve a management plan for a Nationgd Heritage Area, 
the Secretary shall consider whether — 

(A) the local coordinating entity represents the diverse 
interests of the National Heritage Area, including Federal, 
State, Tribal, and local governments, natural and historic 
resource protection organizations, educational institutions, 
businesses, recreational organizations, community resi- 
dents, and private property owners; 

(B) the local coordinating entity — 

(i) has Eifforded adequate opportunity for public 
and Federal, State, Tribal, and local governmental 
involvement (including through workshops and 
hearings) in the preparation of the management plan; 
£ind 

(ii) provides for at least semiannual public 
meetings to ensure adequate implementation of the 
management plan; 

(C) the resource protection, enhancement, interpreta- 
tion, fiinding, management, and development strategies 
described in the management plan, if implemented, would 
adequately protect, enhance, interpret, fund, manage, and 
develop the natural, historic, cultural, educational, scenic, 
and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect 
any activities authorized on Federal land under public 
land laws or land use plans; 

(E) the local coordinating entity has demonstrated the 
financial capability, in partnership with others, to carry 
out the plan; 

(F) the Secretary has received adequate assurances 
from the appropriate State, Tribal, and local officials whose 
support is needed to ensure the effective implementation 
of the State, Tribal, and local elements of the management 
plan; and 

(G) the management plan demonstrates partnerships 
among the local coordinating entity, Federal, State, Tribal, 
and local governments, regional planning organizations, 
nonprofit organizations, or private sector parties for 
implementation of the management plan. 

(4) Disapproval.— 

(A) In general. — If the Secretary disapproves the 
management plan, the Secretary — 

(i) shall advise the local coordinating entity in 
writing of the reasons for the disapproval; and 

(ii) may make recommendations to the local coordi- 
nating entity for revisions to the management plan. 

(B) Deadline. — Not later than 180 days after receiving 
a revised management plan, the Secretary shall approve 
or disapprove the revised management plan. 



152 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 813 

(5) Amendments. — 

(A) In general. — An amendment to the management 
plan that substantially alters the purposes of the National 
Heritage Area shall be reviewed by the Secretary and 
approved or disapproved in the same manner as the 
original management plan. 

(B) Implementation. — The local coordinating entity 
shall not use Federal funds authorized by this subtitle 
to implement an amendment to the management plan until 
the Secretary approves the amendment. 

(6) Authorities. — The Secretary may — 

(A) provide technical assistance under the authority 
of this subtitle for the development and implementation 
of the management plan; and 

(B) enter into cooperative agreements with interested 
parties to carry out this subtitle. 

SEC. 425. EVALUATION; REPORT. 

(a) In General. — Not later than 3 years before the date on 
which authority for Federal funding terminates for the National 
Heritage Area under this subtitle the Secretary shall — 

(1) conduct an evaluation of the accomplishments of the 
National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) Evaluation. — ^An evaluation conducted under subsection 
(a)(1) shall— 

(1) assess the progress of the local coordinating entity 
with respect to — 

(A) accomplishing the purposes of the authorizing legis- 
lation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 
management plan for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private 
investments in the National Heritage Area to determine the 
impact of the investments; and 

(3) review the management structure, partnership relation- 
ships, and funding of the National Heritage Area for purposes 
of identifying the critical components for sustainability of the 
National Heritage Area. 

(c) Report. — Based on the evaluation conducted under sub- 
section (a)(1), the Secretary shall submit a report to the Committee 
on Natural Resources of the United States House of Representatives 
and the Committee on Energy and Natural Resources of the United 
States Senate. The report shall include recommendations for the 
future role of the National Park Service, if any, with respect to 
the National Heritage Area. 

SEC. 426. LOCAL COORDINATING ENTITY. 

(a) Designation. — The local coordinating entity for the Herit- Effective dates, 
age Area shall be — 

(1) for the 5-year period beginning on the date of enactment 
of this subtitle, the Commission; and 

(2) on expiration of the 5-year period described in para- 
graph (1), a private nonprofit or governmental organization 
designated by the Commission. 

(b) Duties. — To further the purposes of the National Heritage 
Area, the local coordinating entity, shall — 



153 



122 STAT. 814 PUBLIC LAW 110-229— MAY 8, 2008 

Plan. (1) prepare a management plan for the National Heritage 

Area, and submit the management plan to the Secretary, in 
accordance with this subtitle; 

Reports. (2) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives Fed- 
eral funds under this subtitle, specifying — 

(A) the specific performance goals and accomplishments 
of the local coordinating entity; 

(B) the expenses and income of the local coordinating 
entity; 

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and 
sources of the leveraging; and 

(E) grants made to any other entities during the fiscal 
year; 

(3) make available for audit for each fiscal year for which 
the local coordinating entity receives Federal funds under this 
subtitle, all information pertaining to the expenditure of the 
funds and any matching funds; 

(4) encourage economic viability and sustainability that 
is consistent with the purposes of the National Heritage Area; 
and 

(5) coordinate projects, activities, and programs with the 
Erie Canalway National Heritage Corridor. 

(c) Authorities. — For the purposes of preparing and imple- 
menting the approved management plan for the National Heritage 
Area, the local coordinating entity may use Federal funds made 
available under this subtitle to — 

(1) make grants to political jurisdictions, nonprofit 
organizations, and other parties within the National Heritage 
Area; 

(2) enter into cooperative agreements with or provide tech- 
nical assistance to political jurisdictions, nonprofit organiza- 
tions. Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals vdth 
expertise in — 

(A) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including 
other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities 
that fiirther the purposes of the National Heritage Area and 
are consistent with the approved management plan. 

(d) Prohibition on Acquisition of Real Property. — The local 
coordinating entity may not use Federal fiinds authorized under 
this subtitle to acquire any interest in real property. 

SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION. 

(a) Establishment. — There is estabhshed within the Depart- 
ment of the Interior the Niagara Falls National Heritage Area 
Commission. 

(b) Membership. — The Commission shall be composed of 17 
members, of whom — 



154 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 815 

(1) 1 member shall be the Director of the National Park 
Service (or a designee); 

(2) 5 members shall be appointed by the Secretary, after 
consideration of the recommendation of the Governor, from 
among individuals with knowledge and experience of — 

(A) the New York State Office of Parks, Recreation 
and Historic Preservation, the Niagara River Greenway 
Commission, the New York Power Authority, the USA 
Niagara Development Corporation, and the Niagara 
Tourism and Convention Corporation; or 

(B) any successors of the agencies described in subpara- 
graph (A); 

(3) 1 member shall be appointed by the Secretary, after 
consideration of the recommendation of the mayor of Niagara 
Falls, New York; 

(4) 1 member shall be appointed by the Secretary, after 
consideration of the recommendation of the mayor of the village 
of Youngstown, New York; 

(5) 1 member shall be appointed by the Secretary, after 
consideration of the recommendation of the mayor of the village 
of Lewiston, New York; 

(6) 1 member shall be appointed by the Secretary, after 
consideration of the recommendation of the Tuscarora Nation; 

(7) 1 member shall be appointed by the Secretary, after 
consideration of the recommendation of the Seneca Nation of 
Indians; and 

(8) 6 members shall be individuals who have an interest 
in, support for, and expertise appropriate to tourism, regional 
planning, history and historic preservation, cultural or natural 
resource management, conservation, recreation, and education, 
or museum services, of whom — 

(A) 4 members shcdl be appointed by the Secretary, 
after consideration of the recommendation of the 2 mem- 
bers of the Senate from the State; and 

(B) 2 members shall be appointed by the Secretary, 
after consideration of the recommendation of the Member 
of the House of Representatives whose district encompasses 
the National Heritage Area. 

(c) Terms; Vacancies.— 

(1) Term. — A member of the Commission shall be appointed 
for a term not to exceed 5 years. 

(2) Vacancies. — 

(A) Partial term. — A member appointed to fill a 
vacancy on the Commission shall serve for the remainder 
of the term for which the predecessor of the member was 
appointed. 

(B) In general. — ^A vacancy on the Commission shcdl 
be filled in the same manner as the original appointment 
was made. 

(d) Chairperson and Vice Chairperson. — 

(1) Selection. — The Commission shall select a Chairperson 
and Vice Chairperson from among the members of the Commis- 
sion. 

(2) Vice chairperson. — The Vice Chairperson shall serve 
as the Chairperson in the absence of the Chairperson. 

(e) Quorum. — 



155 



122 STAT. 816 PUBLIC LAW 110-229— MAY 8, 2008 

(1) In general. — ^A majority of the members of the 
Commission shall constitute a quorum. 

(2) Transaction. — For the transaction of any business or 
the exercise of any power of the Commission, the Commission 
shall have the power to act by a majority vote of the members 
present at any meeting at which a quorum is in attendance. 
If) Meetings. — 

(1) In general. — ^The Commission shall meet at least quar- 
terly at the call of — 

(A) the Chairperson; or 

(B) a majority of the members of the Commission. 

(2) Notice. — Notice of Commission meetings and agendas 
for the meetings shall be published in local newspapers that 
are distributed throughout the National Heritage Area. 

(3) Applicable law. — Meetings of the Commission shall 
be subject to section 552b of title 5, United States Code. 

(g) Authorities of the Commission. — In addition to the 
authorities otherwise granted in this subtitle, the Commission 
may- 
CD request and accept from the head of any Federal agency, 

on a reimbursable or non-reimbursable basis, any personnel 

of the Federal agency to the Commission to assist in carrying 

out the duties of the Commission; 

(2) request and accept from the head of any State agency 
or any agency of a political subdivision of the State, on a 
reimbursable or nonreimbursable basis, any personnel of the 
agency to the Conunission to assist in carrying out the duties 
of the Commission; 

(3) seek, accept, and dispose of gifts, bequests, grants, 
or donations of money, personal property, or services; and 

(4) use the United States mails in the same manner as 
other agencies of the Federal Government. 

(h) Duties of the Commission. — To further the purposes of 
the National Heritage Area, in addition to the duties otherwise 
listed in this subtitle, the Commission shall assist in the transition 
of the management of the National Heritage Area from the Commis- 
sion to the local coordinating entity designated under this subtitle. 

(i) Compensation of Members. — 

(1) In general. — ^A member of the Commission shall serve 
without compensation. 

(2) Travel expenses. — A member of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsist- 
ence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular place of business of 
the member in the performance of the duties of the Commission, 
(j) Gifts. — For purposes of section 170(c) of the Internal Rev- 
enue Code of 1986, any gift or charitable contribution to the 
Commission shall be considered to be a charitable contribution 
or gift to the United States. 

(k) Use of Federal Funds. — Except as provided for the leasing 
of administrative facilities under subsection (g)(1), the Commission 
may not use Federal funds made available to the Commission 
under this subtitle to acquire any real property or interest in 
real property. 



156 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 817 

SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) In General. — Nothing in this subtitle affects the authority 
of a Federal agency to provide technical or financial assistance 
under any other law. 

(b) Consultation and Coordination. — The head of any Fed- 
eral agency planning to conduct activities that may have an impact 
on a National Heritage Area is encouraged to consult and coordinate 
the activities with the Secretary and the local coordinating entity 
to the maximum extent practicable. 

(c) Other Federal Agencies. — Nothing in this subtitle — 

(1) modifies, alters, or amends any law or regulation 
authorizing a Federal agency to manage Federal land under 
the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to 
implement an approved land use plan within the boundaries 
of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Fed- 
eral land under the jurisdiction of a Federal agency. 

SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle — 

(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain from partici- 
pating in any plan, project, program, or activity conducted 
within the National Heritage Area; 

(2) requires any property owner to permit public access 
(including access by Federal, State, Tribal, or local agencies) 
to the property of the property owner, or to modify public 
access or use of property of the property owner under any 
other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority of any Federal, 
State, Tribal, or local agency, or conveys any land use or 
other regulatory authority to any local coordinating entity, 
including but not necessarily limited to development and 
management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation 
of water or water rights; 

(5) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the National Heritage Area; or 

(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 

SEC. 430. AUTHORIZATION OF APPROPRIATIONS. 

(a) Authorization of Appropriations. — Subject to subsection 
(b), there are authorized to be appropriated to carry out this subtitle 
not more than $1,000,000 for any fiscal year. Funds so appropriated 
shall remain available until expended. 

(b) Limitation on Total Amounts Appropriated. — Not more 
than $15,000,000 may be appropriated to carry out this subtitle. 

(c) Cost-Sharing Requirement. — The Federal share of the 
total cost of any activity under this subtitle shall be not more 
than 50 percent; the non-Federal contribution may be in the form 
of in-kind contributions of goods or services fairly valued. 



157 



122 STAT. 818 PUBLIC LAW 110-229— MAY 8, 2008 

SEC. 431. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating 
entity from using Federal funds available under other laws for 
the purposes for which those funds were authorized. 

SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance 
under this subtitle terminates on the date that is 15 years after 
the date of enactment of this Act. 



Illinois. 

16 use 461 note. 



Subtitle C — ^Abraham Lincoln National 
Heritage Area 

SEC. 441. PURPOSES. 

The purposes of this subtitle include — 

(1) to recognize the significant natural and cultural legacies 
of the area, as demonstrated in the study entitled "Feasibility 
Study of the Proposed Abraham Lincoln National Heritage 
Area" prepared for the Looking for Lincoln Heritage Coalition 
in 2002 and revised in 2007; 

(2) to promote heritage, cultural and recreational tourism 
and to develop educational and cultural programs for visitors 
and the general public; 

(3) to recognize and interpret important events and 
geographic locations representing key periods in the growth 
of America, including Native American, Colonial American, 
European American, and African American heritage; 

(4) to recognize and interpret the distinctive role the region 
played in shaping the man who would become the 16th Presi- 
dent of the United States, and how Abraham Lincoln's life 
left its traces in the stories, folklore, buildings, streetscapes, 
and landscapes of the region; 

(5) to provide a cooperative management firamework to 
foster a close working relationship with all levels of government, 
the private sector, and the local communities in the region 
in identifying, preserving, interpreting, and developing the 
historical, cultural, scenic, and natural resources of the region 
for the educational and inspirational benefit of current and 
future generations; and 

(6) to provide appropriate linkages between units of the 
National Park System and communities, governments, and 
organizations within the Heritage Area. 

SEC. 442. DEFINITIONS. 

In this subtitle: 

(1) Local coordinating entity. — ^The term "local coordi- 
nating entity" means the Looking for Lincoln Heritage Coali- 
tion, which is hereby designated by Congress — 

(A) to develop, in partnership with others, the manage- 
ment plan for the National Heritage Area; and 

(B) to act as a catalyst for the implementation of 
projects and programs among diverse partners in the 
National Heritage Area. 

(2) Management plan. — The term "management plan" 
means the plan prepared by the local coordinating entity for 
the National Heritage Area that specifies actions, policies, 



158 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 819 

strategies, performance goals, and recommendations to meet 
the goals of the National Heritage Area, in accordance with 
this subtitle. 

(3) National heritage area. — The term "National Herit- 
age Area" means the Abraham Lincoln National Heritage Area 
established in this subtitle. 

(4) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

SEC. 443. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE 
AREA. 

(a) Establishment. — There is hereby established the Abraham 
Lincoln National Heritage Area. 

(b) Boundaries. — 

(1) In general. — The National Heritage Area shall consist 
of sites as designated by the management plan within a core 
area located in Central Illinois, consisting of Adams, Brown, 
Calhoun, Cass, Champaign, Christian, Clark, Coles, Cum- 
berland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Han- 
cock, Henderson, Jersey, Knox, LaSalle, Logan, Macon, 
Macoupin, Madison, Mason, McDonough, McLean, Menard, 
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, 
Schuyler, Scott, Shelby, Tazewell, Vermillion, Warren and 
Woodford counties. 

(2) Map. — The boundaries of the National Heritage Area 
shall be as generally depicted on the map titled "Proposed 
Abraham Lincoln National Heritage Area", and numbered 338/ 
80,000, and dated July 2007. The map shall be on file and 
available to the public in the appropriate offices of the National 
Park Service and the local coordinating entity. 

SEC. 444. MANAGEMENT PLAN. 

(a) Requirements. — The management plan for the National 
Heritage Area shall — 

(1) describe comprehensive policies, goals, strategies, and 
recommendations for telling the story of the heritage of the 
area covered by the National Heritage Area and encouraging 
long-term resource protection, enhancement, interpretation, 
funding, management, and development of the National Herit- 
age Area; 

(2) include a description of actions and commitments that 
Federal, State, Tribal, and local governments, private organiza- 
tions, and citizens wiil take to protect, enhance, interpret, 
fund, manage, and develop the natural, historical, cultural, 
educational, scenic, and recreational resources of the National 
Heritage Area; 

(3) specify existing and potential sources of funding or 
economic development strategies to protect, enhance, interpret, 
fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, 
educational, scenic, and recreational resources of the National 
Heritage Area related to the national importance and themes 
of the National Heritage Area that should be protected, 
enhanced, interpreted, mcuiaged, funded, and developed; 

(5) recommend policies and strategies for resource manage- Recommenda- 
ment, including the development of intergovernmental and tions. 
interagency agreements to protect, enhance, interpret, fund. 



159 



122 STAT. 820 



PUBLIC LAW 110-229— MAY 8, 2008 



Deadline. 



manage, and develop the natural, historical, cultural, edu- 
cational, scenic, and recreational resources of the National 
Heritage Area; 

(6) describe a program for implementation for the manage- 
ment plan, including — 

(A) performance goals; 

(B) plans for resource protection, enhancement, 
interpretation, funding, management, and development; 
and 

(C) specific commitments for implementation that have 
been made by the local coordinating entity or any Federal, 
State, Tribal, or local government agency, organization, 
business, or individual; 

(7) include an analysis of, and recommendations for, means 
by vi^hich Federal, State, Tribal, and local programs may best 
be coordinated (including the role of the National Park Service 
and other Federal agencies associated with the National Herit- 
age Area) to further the purposes of this subtitle; and 

(8) include a business plan that — 

(A) describes the role, operation, financing, and func- 
tions of the local coordinating entity and of each of the 
major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordi- 
nating entity has the partnerships and financial and other 
resources necessary to implement the management plan 
for the National Heritage Area. 

(b) Deadline. — 

(1) In general. — ^Not later than 3 years after the date 
on which funds are first made available to develop the manage- 
ment plan after designation as a National Heritage Area, the 
local coordinating entity shall submit the management plan 
to the Secretary for approval. 

(2) Termination of funding. — If the management plan 
is not submitted to the Secretary in accordance with paragraph 
(1), the local coordinating entity shall not qualify for any addi- 
tional financial assistance under this subtitle until such time 
as the management plan is submitted to and approved by 
the Secretary. 

(c) Approval of Management Plan. — 

(1) Review. — Not later than 180 days after receiving the 
plan, the Secretary shall review and approve or disapprove 
the management plan for a National Heritage Area on the 
basis of the criteria established under paragraph (3). 

(2) Consultation. — The Secretary shall consult with the 
Governor of each State in which the National Heritage Area 
is located before approving a management plan for the National 
Heritage Area. 

(3) Criteria for approval. — In determining whether to 
approve a management plan for a National Heritage Area, 
the Secretary shall consider whether — 

(A) the local coordinating entity represents the diverse 
interests of the National Heritage Area, including Federal, 
State, Tribal, and local governments, natural, and historic 
resource protection organizations, educational institutions, 
businesses, recreational organizations, community resi- 
dents, and private property owners; 

(B) the local coordinating entity — 



160 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 821 

(i) has afforded adequate opportunity for public 
and Federal, State, Tribal, and local governmental 
involvement (including through workshops and 
hearings) in the preparation of the management plan; 
and 

(ii) provides for at least semiannual public 
meetings to ensure adequate implementation of the 
management plan; 

(C) the resource protection, enhancement, interpreta- 
tion, funding, management, and development strategies 
described in the management plan, if implemented, would 
adequately protect, enhance, interpret, fund, manage, and 
develop the natural, historic, cultural, educational, scenic, 
and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect 
any activities authorized on Federal land under public 
land laws or land use plans; 

(E) the local coordinating entity has demonstrated the 
financial capability, in partnership with others, to carry 
out the plan; 

(F) the Secretary has received adequate assurances 
from the appropriate State, Tribal, and local officials whose 
support is needed to ensure the effective implementation 
of the State, Tribal, and local elements of the management 
plan; and 

(G) the management plan demonstrates partnerships 
among the local coordinating entity. Federal, State, Tribal, 
and local governments, regional planning organizations, 
nonprofit organizations, or private sector parties for 
implementation of the management plan. 

(4) Disapproval. — 

(A) In general. — If the Secretary disapproves the 
management plan, the Secretary — 

(i) shall advise the local coordinating entity in 
writing of the reasons for the disapproval; and 

(ii) may make recommendations to the local coordi- 
nating entity for revisions to the management plan. 

(B) Deadline. — Not later than 180 days after receiving 
a revised management plan, the Secretary shall approve 
or disapprove the revised management plan. 

(5) Amendments. — 

(A) In general. — An amendment to the management 
plan that substantially alters the purposes of the National 
Heritage Area shall be reviewed by the Secretary and 
approved or disapproved in the same manner as the 
original management plan. 

(B) Implementation. — The local coordinating entity 
shall not use Federal funds authorized by this subtitle 
to implement an amendment to the management plan until 
the Secretary approves the amendment. 

(6) Authorities. — The Secretary may — 

(A) provide technical assistance under the authority 
of this subtitle for the development and implementation 
of the management plan; and 

(B) enter into cooperative agreements with interested 
parties to carry out this subtitle. 



161 



122 STAT. 822 PUBLIC LAW 110-229— MAY 8, 2008 

SEC. 445. EVALUATION; REPORT. 

(a) In General. — Not later than 3 years before the date on 
which authority for Federal funding terminates for the National 
Heritage Area under this subtitle, the Secretary shall — 

(1) conduct an evaluation of the accomplishments of the 
National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) Evaluation. — ^An evaluation conducted under subsection 
(a)(1) shall— 

(1) assess the progress of the local coordinating entity 
with respect to — 

(A) accomplishing the purposes of the authorizing legis- 
lation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 
management plan for the National Heritage Area; 

(2) analyze the Federed, State, Tribal, and local, and private 
investments in the National Heritage Area to determine the 
impact of the investments; and 

(3) review the management structure, partnership relation- 
ships, and funding of the National Heritage Area for purposes 
of identifying the critical components for sustainability of the 
National Heritage Area. 

(c) Report. — Based on the evaluation conducted under sub- 
section (a)(1), the Secretary shall submit a report to the Committee 
on Natural Resources of the United States House of Representatives 
and the Committee on Energy and Natural Resources of the United 
States Senate. The report shall include recommendations for the 
future role of the National Peu-k Service, if any, with respect to 
the National Heritage Area. 

SEC. 446. LOCAL COORDINATD^G ENTITY. 

(a) Duties. — To further the purposes of the National Heritage 
Area, the Looking for Lincoln Heritage Coalition, as the local coordi- 
nating entity, shall — 

(1) prepare a management plan for the National Heritage 
Area, and submit the management plan to the Secretary, in 
accordance with this subtitle; 

(2) submit an annual report to the secretary for each fiscal 
year for which the local coordinating entity receives Federal 
funds under this subtitle, specifying — 

(A) the specific performance goals and accomplishments 
of the local coordinating entity; 

(B) the expenses and income of the local coordinating 
entity; 

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and 
sources of the leveraging; and 

(E) grants made to any other entities during the fiscal 
year; 

(3) make available for audit for each fiscal year for which 
the local coordinating entity receives Federal funds under this 
subtitle, all information pertaining to the expenditure of the 
funds and any matching funds; and 

(4) encourage economic viability and sustainability that 
is consistent with the purposes of the National Heritage Area. 

(b) Authorities. — For the purposes of preparing and imple- 
menting the approved management plan for the National Heritage 



162 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 823 

Area, the local coordinating entity may use Federal funds made 
available under this subtitle to — 

(1) make grants to political jurisdictions, nonprofit 
organizations, and other parties within the National Heritage 
Area; 

(2) enter into cooperative agreements with or provide tech- 
nical assistance to political jurisdictions, nonprofit organiza- 
tions. Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with 
expertise in — 

(A) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including 
other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities 
that further the purposes of the National Heritage Area and 
are consistent with the approved management plan. 

(c) Prohibition on Acquisition of Real Property.— The local 
coordinating entity may not use Federal funds authorized under 
this subtitle to acquire any interest in real property. 

SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) In General. — Nothing in this subtitle affects the authority 
of a Federal agency to provide technical or financial assistance 
under any other law. 

(b) Consultation and Coordination. — The head of any Fed- 
eral agency planning to conduct activities that may have an impact 
on a National Heritage Area is encouraged to consult and coordinate 
the activities with the Secretary and the local coordinating entity 
to the maximum extent practicable. 

(c) Other Federal Agencies. — Nothing in this subtitle — 

(1) modifies, alters, or amends any law or regulation 
authorizing a Federal agency to manage Federal land under 
the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to 
implement an approved land use plan within the boundaries 
of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Fed- 
eral land under the jurisdiction of a Federal agency. 

SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle — 

(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain fi"om partici- 
pating in any plan, project, program, or activity conducted 
within the National Heritage Area; 

(2) requires any property owner to permit public access 
(including access by Federal, State, Tribal, or local agencies) 
to the property of the property owner, or to modify public 
access or use of property of the property owner under any 
other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority of any Federal, 
State, Tribal, or local agency, or conveys any land use or 
other regulatory authority to any local coordinating entity, 



163 



122 STAT. 824 PUBLIC LAW 110-229— MAY 8, 2008 

including but not necessarily limited to development and 
management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation 
of water or water rights; 

(5) diminishes the authority of the State to manage fish 
and wdldlife, including the regulation of fishing and hunting 
within the National Heritage Area; or 

(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 

SEC. 449. AUTHORIZATION OF APPROPRIATIONS. 

(a) Authorization of Appropriations. — Subject to subsection 
(b), there are authorized to be appropriated to carry out this subtitle 
not more than $1,000,000 for any fiscal year. Funds so appropriated 
shall remain available until expended. 

(b) Limitation on Total Amounts Appropriated. — Not more 
than $15,000,000 may be appropriated to carry out this subtitle. 

(c) Cost-Sharing Requirement. — The Federal share of the 
total cost of any activity under this subtitle shall be not more 
than 50 percent; the non-Federal contribution may be in the form 
of in-kind contributions of goods or services fairly valued. 

SEC. 450. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating 
entity from using Federal funds available under other laws for 
the purposes for which those funds were authorized. 

SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance 
under this subtitle terminates on the date that is 15 years after 
the date of the enactment of this subtitle. 

Subtitle D — ^Authorization Extensions and 
Viability Studies 

16 use 461 note. SEC. 461. EXTENSIONS OF AUTHORIZED APPROPRIATIONS. 

Division II of the Omnibus Parks and Public Lands Manage- 
ment Act of 1996 (Public Law 104-333; 16 U.S.C. 461 note) is 
amended in each of sections 108(a), 209(a), 311(a), 409(a), 508(a), 
608(a), 708(a), 810(a) (as redesignated by section 474(9)), and 909(c), 
by striking "$10,000,000" and inserting "$15,000,000". 

SEC. 462. EVALUATION AND REPORT. 

(a) In General. — For the nine National Heritage Areas author- 
ized in Division II of the Omnibus Parks and Public Lands Manage- 
ment Act of 1996, not later than 3 years before the date on which 
authority for Federal funding terminates for each National Heritage 
Area, the Secretary shall — 

(1) conduct an evaluation of the accomplishments of the 
National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) Evaluation. — ^An evaluation conducted under subsection 
(a)(1) shall— 

(1) assess the progress of the local management entity 
with respect to — 



164 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 825 

(A) accomplishing the purposes of the authorizing legis- 
lation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 
management plan for the National Heritage Area; 

(2) analyze the investments of Federal, State, Tribal, and 
local government and private entities in each National Heritage 
Area to determine the impact of the investments; and 

(3) review the management structure, partnership relation- 
ships, and funding of the National Heritage Area for purposes 
of identifying the critical components for sustainability of the 
National Heritage Area. 

(c) Report. — Based on the evaluation conducted under sub- 
section (a)(1), the Secretary shall submit a report to the Committee 
on Natural Resources of the United States House of Representatives 
and the Committee on Energy and Natural Resources of the Senate. 
The report shall include recommendations for the future role of 
the National Park Service, if any, with respect to the National 
Heritage Area. 

Subtitle E — Technical Corrections and 
Additions 

SEC. 471. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS. 16 USC 461 note. 

Title I of Division II of the Omnibus Parks and Public Lands 
Management Act of 1996 (Public Law 104-333 as amended by 
Pubhc Law 106-176 and Public Law 109-338) is amended— 

(1) by striking section 103(b) and inserting the following: 
"(b) Boundaries. — The National Coal Heritage Area shall be 

comprised of Lincoln County, West Virginia, and Paint Creek and 
Cabin Creek within Kanawah County, West Virginia, and the coun- 
ties that are the subject of the study by the National Park Service, 
dated 1993, entitled 'A Coal Mining Heritage Study: Southern West 
Virginia' conducted pursuant to title VI of Public Law 100-699."; 

(2) by striking section 105 and inserting the following: 

"SEC. 105. ELIGIBLE RESOURCES. 

"(a) In General. — The resources eligible for the assistance 
under section 104 shall include — 

"(1) resources in Lincoln County, West Virginia, and Paint 

Creek and Cabin Creek in Kanawah County, West Virginia, 

as determined to be appropriate by the National Coal Heritage 

Area Authority; and 

"(2) the resources set forth in appendix D of the study 

by the National Park Service, dated 1993, entitled 'A Coal 

Mining Heritage Study: Southern West Virginia' conducted 

pursuant to title VI of Public Law 100-699. 

"(b) Priority. — Priority consideration shall be given to those 
sites listed as 'Conservation Priorities' and 'Important Historic 
Resources' as depicted on the map entitled 'Study Area: Historic 
Resources' in such study."; 

(3) in section 106(a) — 

(A) by striking "Governor" and all that follows through 
"Parks," and inserting "National Coal Heritage Area 
Authority"; and 



165 



122 STAT. 826 PUBLIC LAW 110-229— MAY 8, 2008 

(B) in paragraph (3), by striking "State of West Vir- 
ginia" and all that follows through "entities, or" and 
inserting "National Coal Heritage Area Authority or"; and 
(4) in section 106(b), by inserting "not" before "meet". 

SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION. 

Section 403(b) of title IV of Division II of the Omnibus Parks 
16 use 461 note, and PubUc Lands Management Act of 1996 (Public Law 104-333) 
is amended by inserting "Butler," after "Beaver,". 

SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDI- 
TION. 

Section 604(b)(2) of title VI of Division II of the Omnibus 
16 use 461 note. Parks and Public Lands Management Act of 1996 is amended 
by adding at the end the following new subparagraphs: 
"(O) Berkeley County. 
"(P) Saluda County. 

"(Q) The portion of Georgetown County that is not 
part of the Gullah/Geechee Cultural Heritage Corridor.". 

16 use 461 note. SEC. 474. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR 

TECHNICAL CORRECTIONS. 

Title VIII of Division II of the Omnibus Parks and PubUc 
Lands Management Act of 1996 (Public Law 104—333) is amended — 

(1) by striking "Canal National Heritage Corridor" each 
place it appears and inserting "National Heritage Canalway"; 

(2) by striking "corridor" each place it appears and inserting 
"canalwaj^', except in references to the feasibility study and 
management plan; 

(3) in the heading of section 808(a)(3), by striking "cor- 
ridor" and inserting "CANALWAY"; 

(4) in the title heading, by striking "CANAL NATIONAL 
HERITAGE CORRIDOR" and inserting "NATIONAL 
HERITAGE CANALWAY"; 

(5) in section 803 — 

(A) by striking paragraph (2); 

(B) by redesignating paragraphs (3), (4), (5), (6), and 
(7) as paragraphs (2), (3), (4), (5), and (6), respectively; 

(C) in paragraph (2) (as redesignated by subparagraph 
(B)), by striking "808" and inserting "806"; and 

(D) in paragraph (6) (as redesignated by subparagraph 
(B)), by striking "807(a)" and inserting "805(a)"; 

(6) in the heading of section 804, by striking "CANAL 
NATIONAL HERITAGE CORRIDOR" and inserting "NATIONAL 
HERITAGE CANALWAY"; 

(7) in the second sentence of section 804(b)(1), by striking 
"808" and inserting "806"; 

(8) by striking sections 805 and 806; 

(9) by redesignating sections 807, 808, 809, 810, 811, and 
812 as sections 805, 806, 807, 808, 809, and 810, respectively; 

(10) in section 805(c)(2) (as redesignated by paragraph 
(9)), by striking "808" and inserting "806"; 

(11) in section 806 (as redesignated by paragraph (9)) — 

(A) in subsection (a)(1), by striking "Conunittee" and 
inserting "Secretary"; 

(B) in the heading of subsection (a)(1), by striking 
"COMMITTEE" and inserting "SECRETARY"; 



166 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 827 

(C) in subsection (a)(3), in the first sentence of subpara- 
graph (B), by striking "Committee" and inserting "manage- 
ment entity"; 

(D) in subsection (e), by striking "807(d)(1)" and 
inserting "805(d)(1)"; and 

(E) in subsection (f), by striking "807(d)(1)" and 
inserting "805(d)(1)"; 

(12) in section 807 (as redesignated by paragraph (9)), 
in subsection (c) by striking "Cayohoga Valley National Recre- 
ation Area" and inserting "Cayohoga Valley National Park"; 

(13) in section 808 (as redesignated by paragraph (9)) — 

(A) in subsection (b), by striking "Committee or"; and 

(B) in subsection (c), in the matter before paragraph 
(1), by striking "Committee" and inserting "management 
entity"; and 

(14) in section 809 (as redesignated by paragraph (9)), 
by striking "assistance" and inserting "financial assistance". 

SEC. 475. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION 
OF AUTHORIZATION. 

Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is 
amended as follows: 

(1) Strike paragraph (1) of subsection (b) and insert the 
following new paragraph: 

"(1) In general. — Amounts made available under sub- 
section (a) shall be used only for — 

"(A) technical assistance; 

"(B) the design and fabrication of interpretive mate- 
rials, devices, and signs; and 

"(C) the preparation of the strategic plan.". 

(2) Paragraph (3) of subsection (b) is amended by inserting 
after subparagraph (B) a new subparagraph as follows: 

"(C) Notwithstanding paragraph (3)(A), funds made 
available under subsection (a) for the preparation of the 
strategic plan shall not require a non-Federal match.". 

(3) Subsection (c) is amended by striking "2007" and 
inserting "2011". 

Subtitle F— Studies 

SEC. 481. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY. 

(a) Definitions.— In this section: 

(1) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(2) Study area. — The term "study area" means— 

(A) the coastal areas of Clatsop and Pacific Counties 
(also known as the North Beach Peninsula); and 

(B) areas relating to Native American history, local 
history, Euro-American settlement culture, and related eco- 
nomic activities of the Columbia River within a corridor 
along the Columbia River eastward in Clatsop, Pacific, 
Columbia, and Wahkiakum Counties. 

(b) Columbia-Pacific National Heritage Area Study. — 



167 



122 STAT. 828 PUBLIC LAW 110-229— MAY 8, 2008 

(1) In general. — The Secretary, in consultation with the 
managers of any Federal land within the study area, appro- 
priate State and local governmental agencies, tribal govern- 
ments, and any interested organizations, shall conduct a study 
to determine the feasibility of designating the study area as 
the Columbia-Pacific National Heritage Area. 

(2) Requirements. — The study shall include analysis, docu- 
mentation, and determinations on whether the study area — 

(A) has an assemblage of natural, historic, and cultural 
resources that together represent distinctive aspects of 
American heritage worthy of recognition, conservation, 
interpretation, and continuing use, and are best managed 
through partnerships among public and private entities 
and by combining diverse and sometimes noncontiguous 
resources and active communities; 

(B) reflects traditions, customs, beliefs, and folklife 
that are a valuable part of the national story; 

(C) provides outstanding opportunities to conserve nat- 
ural, historic, cultural, or scenic features; 

(D) provides outstanding recreational and educational 
opportunities; 

(E) contains resources important to the identified 
theme or themes of the study area that retain a degree 
of integrity capable of supporting interpretation; 

(F) includes residents, business interests, nonprofit 
organizations, and local and State governments that are 
involved in the planning, have developed a conceptual 
financial plan that outUnes the roles for all participants, 
including the Federal Government, and have demonstrated 
support for the concept of a national heritage area; 

(G) has a potential local coordinating entity to work 
in partnership with residents, business interests, nonprofit 
organizations, and local and State governments to develop 
a national heritage area consistent with continued local 
and State economic activity; and 

(H) has a conceptual boundary map that is supported 
by the public. 

(3) Private property. — In conducting the study required 
by this subsection, the Secretary shall analyze the potential 
impact that designation of the area as a national heritage 
area is likely to have on land within the proposed area or 
bordering the proposed area that is privately owned at the 
time that the study is conducted. 

(c) Report. — Not later than 3 fiscal years after the date on 
which funds are made available to carry out the study, the Secretary 
shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Natural Resources of the 
House of Representatives a report that describes the findings, 
conclusions, and recommendations of the Secretary with respect 
to the study. 

SEC. 482. STUDY OF SITES RELAXmC TO ABRAHAM LINCOLN IN KEN- 
TUCKY. 

(a) Definitions. — In this section: 

(1) Heritage area. — The term "Heritage Area" means a 
National Heritage Area in the State to honor Abraham Lincoln. 



168 



PUBLIC LAW 110-229— MAY 8, 2008 122 STAT. 829 

(2) State. — The term "State" means the Commonwealth 
of Kentucky. 

(3) Study area. — ^The term "study area" means the study 
area described in subsection (b)(2). 

(b) Study.— 

(1) In general. — The Secretary, in consultation with the 
Kentucky Historical Society, other State historical societies, 
the State Historic Preservation Officer, State tourism offices, 
and other appropriate organizations and agencies, shall conduct 
a study to assess the suitability and feasibility of designating 
the study area as a National Heritage Area in the State to 
honor Abraham Lincoln. 

(2) Description of study area. — The study area shall 
include — 

(A) Boyle, Breckinridge, Fayette, Franklin, Hardin, Jef- 
ferson, Jessamine, Larue, Madison, Mercer, and Wash- 
ington Counties in the State; and 

(B) the following sites in the State: 

(i) The Abraham Lincoln Birthplace National His- 
toric Site. 

(ii) The Abraham Lincoln Boyhood Home Unit. 

(iii) Downtown Hodgenville, Kentucky, including 
the Lincoln Museum and Adolph A. Weinman statue. 

(iv) Lincoln Homestead State Park and Mordecai 
Lincoln House. 

(v) Camp Nelson Heritage Park. 

(vi) Farmington Historic Home. 

(vii) The Mary Todd Lincoln House. 

(viii) Ashland, which is the Henry Clay Estate. 

(ix) The Old State Capitol. 

(x) The Kentucky Military History Museum. 

(xi) The Thomas D. Clark Center for Kentucky 
History. 

(xii) The New State Capitol. 

(xiii) Whitehall. 

(xiv) Perryville Battlefield State Historic Site. 

(xv) The Joseph Holt House. 

(xvi) Elizabethtown, Kentucky, including the Lin- 
coln Heritage House. 

(xvii) Lincoln Marriage Temple at Fort Harrod. 

(3) Requirements. — The study shall include analysis, docu- 
mentation, and determinations on whether the study area — 

(A) has an assemblage of natural, historic, and cultural 
resources that — 

(i) interpret — 

(I) the life of Abraham Lincoln; and 

(II) the contributions of Abraham Lincoln to 
the United States; 

(ii) represent distinctive aspects of the heritage 
of the United States; 

(iii) are worthy of recognition, conservation, 
interpretation, and continuing use; and 

(iv) would be best managed — 

(I) through partnerships among public and pri- 
vate entities; and 

(II) by linking diverse and sometimes non- 
contiguous resources and active communities; 



169 



122 STAT. 830 PUBLIC LAW 110-229— MAY 8, 2008 

(B) reflects traditions, customs, beliefs, and historical 
events that are a valuable part of the story of the United 
States; 

(C) provides — 

(i) outstanding opportunities to conserve natural, 
historic, cultural, or scenic features; and 

(ii) outstanding educational opportunities; 

(D) contains resources that — 

(i) are important to any identified themes of the 
study area; and 

(ii) retain a degree of integrity capable of sup- 
porting interpretation; 

(E) includes residents, business interests, nonprofit 
organizations, and State and local governments that — 

(i) are involved in the planning of the Heritage 
Area; 

(ii) have developed a conceptual financial plan that 
outlines the roles of all participants in the Heritage 
Area, including the Federal Government; and 

(iii) have demonstrated support for designation of 
the Heritage Area; 

(F) has a potential management entity to work in 
partnership with the individuals and entities described 
in subparagraph (E) to develop the Heritage Area while 
encouraging State and local economic activity; and 

(G) has a conceptual bovmdary map that is supported 
by the public. 

(c) Report. — Not later than the third fiscal year after the 
date on which funds are first made available to carry out this 
section, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report that 
describes — 

(1) the findings of the study; and 

(2) any conclusions and recommendations of the Secretary. 

TITLE V— BUREAU OF RECLAMATION 
AND UNITED STATES GEOLOGICAL 
SURVEY AUTHORIZATIONS 

SEC. 501. ALASKA WATER RESOURCES STUDY. 

(a) Definitions. — In this section: 

(1) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(2) State. — The term "State" means the State of Alaska. 

(b) Alaska Water Resources Study.— 

(1) Study. — ^The Secretary, acting through the Commis- 
sioner of Reclamation and the Director of the United States 
Geological Survey, where appropriate, and in accordance with 
this section and other applicable provisions of law, shall conduct 
a study that includes — 

(A) a survey of accessible water supplies, including 
aquifers, on the Kenai Peninsula and in the Municipality 
of Anchorage, the Matanuska-Susitna Borough, the city 
of Fairbanks, and the Fairbanks Northstar Borough; 



170 



122 STAT. 876 PUBLIC LAW 110-229— MAY 8, 2008 

(f) Expiration of Authority.— The authority to transfer a 
vessel under this section shall expire at the end of the 2-year 
period beginning on the date of enactment of this Act. 

Approved May 8, 2008. 



LEGISLATIVE HISTORY — S. 2739: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 
Apr. 10, considered and passed Senate. 
Apr. 29, considered and passed House. 

o 



171 



122 STAT. 1572 



PUBLIC LAW 110-244— JUNE 6, 2008 



Public Law 110-244 
110th Congress 



June 6, 2008 
[H.R. 1195] 



SAFETEA-LU 

Technical 

Corrections Act 

of 2008. 

23 use 101 note. 



An Act 



To amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users to make technical corrections, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title.— This Act may be cited as the "SAFETEA- 
LU Technical Corrections Act of 2008". 

(b) Table of Contents. — The table of contents of this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I— HIGHWAY PROVISIONS 

Sec. 101. Surface transportation technical corrections. 

Sec. 102. MAGLEV. 

Sec. 103. Projects of national and regional significance amd national corridor infra- 

stincture improvement projects. 

Sec. 104. Idling reduction facilities. 

Sec. 105. Project authorizations. 

Sec. 106. Nonmotorized transportation pilot program. 

Sec. 107. Correction of Interstate and National Highway System designations. 

Sec. 108. Budget justification; buy America. 

Sec. 109. Transportation improvements. 

Sec. 110. I-95/Contee Road interchange design. 

Sec. 111. Highway research funding. 

Sec. 112. Rescission. 

Sec. 113. TEA-21 technical corrections. 

Sec. 114. High priority corridor and innovative project technical corrections. 

Sec. 115. Definition of repeat intoxicated driver law. 

Sec. 116. Research technical correction. 

Sec. 117. Buy America waiver notification and annual reports. 

Sec. 118. Efficient use of existing highway capacity. 

Sec. 119. Future interstate designation. 

Sec. 120. Project flexibility. 

Sec. 121. Effective date. 

TITLE II— TRANSIT PROVISIONS 

Sec. 201. Transit technical corrections. 

TITLE III— OTHER SURFACE TRANSPORTATION PROVISIONS 

Sec. 301. Technical amendments relating to motor carrier safety. 

Sec. 302. Technical amendments relating to hazardous materials transportation. 

Sec. 303. Highway safety. 

Sec. 304. Correction of study requirement regarding on-scene motor vehicle colli- 
sion causation. 

Sec. 305. Motor carrier transportation registration. 

Sec. 306. Applicability of Fair Labor Standards Act requirements and limitation on 
liability. 

TITLE IV— MISCELLANEOUS PROVISIONS 

Sec. 401. Conveyance of GSA Fleet Management Center to Alaska Railroad Cor- 
poration. 



172 



PUBLIC LAW 110-244^JUNE 6, 2008 122 STAT. 1573 

Sec. 402. Conveyance of retained interest in St. Joseph Memorial Hall. 
TITLE V— OTHER PROVISIONS 

Sec. 501. De Soto County, Mississippi. 
Sec. 502. Department of Justice review. 

TITLE I— HIGHWAY PROVISIONS 

SEC. 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS. 

(a) Correction of Internal References in Disadvantaged 
Business Enterprises.— Paragraphs (3)(A) and (5) of section 
1101(b) of the Safe, Accountable, Flexible, Efficient Transportation 

Equity Act: A Legacy for Users (119 Stat. 1156) are amended 23 USC lOl note. 
by striking "paragraph (1)" each place it appears and inserting 
"paragraph (2)". 

(b) Correction of Distribution of Obligation Authority. — 
Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (119 Stat. 1158) 23 USC 104 note, 
is amended by striking "among the States". 

(c) Correction of Federal Lands Highways.— Section 1119 
of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (119 Stat. 1190) is amended by striking 
subsection (m) and inserting the following: 

"(m) Forest Highways.— Of the amounts made available for 
public lands highways under section 1101 — 

"(1) not more than $20,000,000 for each fiscal year may 
be used for the maintenance of forest highways; 

"(2) not more than $1,000,000 for each fiscal year may 
be used for signage identifying public hunting and fishing 
access; and 

"(3) not more than $10,000,000 for each fiscal year shall 
be used by the Secretary of Agriculture to pay the costs of 
facilitating the passage of aquatic species beneath forest roads 
(as defined in section 101(a) of title 23, United States Code), 
including the costs of constructing, maintaining, replacing, and 
removing culverts and bridges, as appropriate.". 

(d) Correction of Description of National Corridor Infra- 
structure Improvement Project. — Item number 1 of the table 
contained in section 1302(e) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 

1205) is amended in the State column by inserting "LA," after 23 USC lOi note. 
"TX,". 

(e) Correction of High Priority Designations.— 

(1) Kentucky high priority corridor designation. — Sec- 
tion 1105(c)(18)(E) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 189; 115 
Stat. 872) is amended by inserting before the period at the 
end the following: ", follow Interstate Route 24 to the Wendell 
H. Ford Western Kentucky Parkway, then utilize the existing 
Wendell H. Ford Western Kentucky Parkway and Edward T. 
Breathitt (Pennyrile) Parkway to Henderson". 

(2) Interstate route 376 high priority designation. — 
(A) In general. — Section 1105(c)(79) of the Intermodal 

Surface Transportation Efficiency Act of 1991 (105 Stat. 
2032; 119 Stat. 1213) is amended by striking "and on 
United States Route 422". 



173 



122 STAT. 1578 PUBLIC LAW 110-244— JUNE 6, 2008 

(d) Effective Date. — The amendments made by this section 
take effect on October 1, 2007. 

SEC. 103. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE AND 
NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT 
PROJECTS. 

(a) Project of National and Regional Significance.— The 
table contained in section 130 Km) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity: A Legacy for Users (119 Stat. 

23 use 101 note. 1203) is amended — 

(1) in item number 4 by striking the project description 
and inserting "$7,400,000 for planning, design, and construction 
of a new American border plaza at the Blue Water Bridge 
in or near Port Huron; $12,600,000 for integrated highway 
realignment and grade separations at Port Huron to eliminate 
road blockages from NAFTA rail traffic"; 

(2) in item number 19 by striking the project description 
and inserting "For purposes of construction and other related 
transportation improvements associated with the rail yard 
relocation in the vicinity of Santa Teresa"; and 

(3) in item number 22 by striking the project description 
and inserting "Redesign and reconstruction of interchanges 298 
and 299 of 1-80 and accompanying improvements to any other 
public roads in the vicinity, Monroe County". 

(b) National Corridor Infrastructure Improvement 
Project. — The table contained in section 1302(e) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

23USCl0lnote. for Users (119 Stat. 1205) is amended in item number 23 by 
striking the project description and inserting "Improvements to 
State Road 312, Hammond". 

SEC. 104, IDLING REDUCTION FACILITIES. 

Section 111(d) of title 23, United States Code, is repealed. 
SEC. 105. PROJECT AUTHORIZATIONS. 

(a) Project Modifications. — The table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (119 Stat. 1256) is amended — 

(1) in item number 34 by striking the project description 
and inserting "Removal and Reconfiguration of Interstate 
ramps, 1-40, Memphis"; 

(2) by striking item number 61; 

(3) in item number 87 by striking the project description 
and inserting "M-291 highway outer road improvement 
project"; 

(4) in item number 128 by striking "$2,400,000" and 
inserting "$4,800,000"; 

(5) in item number 154 by striking "Virginia" and inserting 
"Eveleth"; 

(6) in item number 193 by striking the project description 
and inserting "Improvements to or access to Route 108 to 
enhance access to the business park near Rumford"; 

(7) in item number 240 by striking "$800,000" and inserting 
"$2,400,000"; 

(8) by striking item number 248; 

(9) in item number 274 by striking the project description 
and inserting "Intersection improvements at Belleville and 



174 



PUBLIC LAW 110-244— JUNE 6, 2008 122 STAT. 1589 

(171) in item number 3556 by striking the project descrip- 
tion and amount and inserting "Design and rehabilitate stair- 
cases used as streets due to the steep grade of terrain in 
Bronx County" and "$1,100,000", respectively; 

(172) by striking item number 203; 

(173) by striking item number 552; 

(174) by striking item number 590; 

(175) by striking item number 759; 

(176) by striking item number 879; 

(177) by striking item number 1071; 

(178) by striking item number 1382; 

(179) by striking item number 1897; 

(180) by striking item number 2553; 

(181) in item number 3014 by striking the project descrip- 
tion and amount and inserting "Design and Construct school 
safety projects in New York City" and "$2,500,000", respec- 
tively; 

(182) in item number 2375 by striking the project descrip- 
tion and amount and inserting "Subsurface environmental 
study to measure presence of methane and benzene gasses 
in vicinity of Greenpoint, Brooklyn, and the Kosciusko Bridge, 
resulting from the Newtown Creek oil spill" and "$100,000"; 

(183) in item number 221 by striking the project description 
and inserting "Study and Implement transportation improve- 
ments on Flatbush Ave. between Avenue U and the Marine 
Park Bridge in front of Gateway National Park in Kings 
Covmty, New York"; 

(184) in item number 2732 striking the project description 
and inserting "Pedestrian safety improvements in the vicinity 
of LIRR stations"; 

(185) by striking item number 99; 

(186) in item number 398 by striking the project description 
and inserting "Construct a new 2-lane road extending north 
from University Park Drive and improvements to University 
Park Drive"; 

( 187) in item number 446 by striking the project description 
and inserting "Transportation improvements for development 
of the Williamsport-Pile Bay Road corridor"; 

(188) in item number 671 by striking "and Pedestrian 
Trail Expansion" and inserting ", including parking facilities 
and Pedestrian Trail Expansion"; 

(189) in item number 674 by striking the matters in the 
State, project description, and amount columns and inserting 
"AL", "Grade crossing improvements along Conecuh Valley RR 
at Henderson Highway (CR-21) in Troy, AL", and "$300,000", 
respectively; 

(190) in item number 739 by striking the matters in the 
State, project description, and amount columns and inserting 
"AL", "Grade crossing improvements along Luxapalila Valley 
RR in Lamar and Fayette Counties, AL (Crossings at CR- 
6, CR-20, SH-7, James Street, and College Drive)", and 
"$300,000", respectively; 

(191) in item number 746 by striking "Planning and 
construction of a bicycle trail adjacent to the 1-90 and SR 
615 Interchange in" and inserting "Planning, construction, and 
extension of bicycle trails adjacent to the 1-90 and SR 615 
Interchange, along the Greenway Corridor and throughout"; 



175 



PUBLIC LAW 110-244— JUNE 6, 2008 122 STAT. 1609 

Flexible, Efficient Transportation Equity Act: A Legacy for Users" 
and inserting "SAFETEA-LU Technical Corrections Act of 2008". 

TITLE II— TRANSIT PROVISIONS 

SEC. 201. TRANSIT TECHNICAL CORRECTIONS. 

(a) Section 5302.— Section 5302(a)(10) of title 49, United States 
Code, is amended by striking "charter," and inserting "charter, 
sightseeing,". 

(b) Section 5303 

(1) Section 5303(f)(3)(C)(ii) of such title is amended by 
striking subclause (II) and inserting the following: 

"(II) Funding.— For fiscal year 2008 and each 
fiscal year thereafter, in addition to other funds 
made available to the metropolitan planning 
organization for the Lake Tahoe region under this 
chapter and title 23, prior to any allocation under 
section 202 of title 23, and notwithstanding the 
allocation provisions of section 202, the Secretary 
shall set aside V2 of 1 percent of all funds author- 
ized to be appropriated for such fiscal year to 
carry out section 204 of title 23, and shall make 
such funds available to the metropolitan planning 
organization for the Lake Tahoe region to carry 
out the transportation planning process, environ- 
mental reviews, preliminary engineering, and 
design to complete environmental documentation 
for transportation projects for the Lake Tahoe 
region under the Tahoe Regional Planning Com- 
pact as consented to in Public Law 96-551 (94 
Stat. 3233) and this paragraph.". 

(2) Section 5303(j)(3)(D) of such title is amended— 

(A) by inserting "or the identified phase" before "within 
the time"; and 

(B) by inserting "or the identified phase" before the 
period at the end. 

(3) Section 5303(k)(2) of such title is amended by striking 
"a metropolitan planning area serving". 

(c) Section 5307.— Section 5307(b) of such title is amended — 

(1) in the heading for paragraph (2) by striking "2007" 
and inserting "2009"; 

(2) in paragraph (2)(A) — 

(A) by striking "2007" and inserting "2009"; and 

(B) by striking "mass" and inserting "public"; 

(3) by adding at the end of paragraph (2) the following: 
"(E) Maximum amounts in fiscal years 2008 and 

2009.— In fiscal years 2008 and 2009— 

"(i) amounts made available to any urbanized area 
under clause (i) or (ii) of subparagraph (A) shall be 
not more than 50 percent of the amount apportioned 
in fiscal year 2002 to the urbanized area with a popu- 
lation of less than 200,000, as determined in the 1990 
decennial census of population; 

"(ii) amounts made available to any urbanized area 
under subparagraph (A)(iii) shall be not more than 



176 



122 STAT. 1610 PUBLIC LAW 110-244— JUNE 6, 2008 

50 percent of the amount apportioned to the urbanized 
area under this section for fiscal year 2003; and 

"(iii) each portion of any area not designated as 
an urbanized area, as determined by the 1990 decen- 
nial census, and eligible to receive ftinds under 
subparagraph (A)(iv), shall receive an amount of funds 
to carry out this section that is not less than 50 percent 
of the amount the portion of the area received under 
section 5311 in fiscal year 2002."; and 
(4) in paragraph (3) by striking "section 5305(a)" and 
inserting "section 5303(k)". 
49 use 5309. (d) SECTION 5309.— Section 5309 of such title is amended— 

(1) in subsection (d)(5)(B) by striking "regulation." and 
inserting "this subsection and shall give comparable, but not 
necessarily equal, numerical weight to each project justification 
criteria in calculating the overall project rating."; 

(2) in subsection (e)(6)(B) by striking "subsection." and 
inserting "subsection and shall give comparable, but not nec- 
essarily equal, numerical weight to each project justification 
criteria in calculating the overall project rating."; 

(3) in the heading for paragraph (2)(A) of subsection (m) 
by striking "Major capital" and inserting "Capital"; and 

(4) in subsection (m)(7)(B) by striking "section 3039" and 
inserting "section 3045". 

(e) Section 5311. — Section 5311 of such title is amended — 

(1) in subsection (g)(1)(A) by striking "for any purpose 
other than operating assistance" and inserting "for a capital 
project or project administrative expenses"; 

(2) in subsections (g)(1)(A) and (g)(1)(B) by striking "capital" 
after "net"' and 

(3) in 'subsection (i)(l) by striking "Sections 5323(a)(1)(D) 
and 5333(b) of this title apply" and inserting "Section 5333(b) 
applies". 

(f) Section 5312. — The heading for section 5312(c) of such 
title is amended by striking "MASS TRANSPORTATION" and inserting 
"Public Transportation". 

(g) Section 5314. — Section 5314(a)(3) is amended by striking 
"section 5323(a)(1)(D)" and inserting "section 5333(b)". 

(h) Section 5319. — Section 5319 of such title is amended by 
striking "section 5307(k)" and inserting "section 5307(d)(l)(K)". 

(i) Section 5320. — Section 5320 of such title is amended — 

(1) in subsection (a)(1)(A) by striking "intra — agency" and 
inserting "intraagency"; 

(2) in subsection (b)(5)(A) by striking "5302(a)(1)(A)" and 
inserting "5302(a)(1)"; 

(3) in subsection (d)(1) by inserting "to administer this 
section and" after "5338(b)(2)(J)"; 

(4) by adding at the end of subsection (d) the following: 
"(4) Transfers to land management agencies.— The Sec- 
retary may transfer amounts available under paragraph (1) 
to the appropriate Federal land management agency to pay 
necessary costs of the agency for such activities described in 
paragraph (1) in connection with activities being carried out 
under this section."; 

(5) in subsection (k)(3) by striking "subsection (d)(1)" and 
inserting "subsection (e)(1)"; 



177 



PUBLIC LAW 110-244— JUNE 6, 2008 122 STAT. 1611 

(6) by redesignating subsections (a) through (m) as sub- 
sections (b) through (n), respectively; and 

(7) by inserting before subsection (b) (as so redesignated) 
the following: 

"(a) Program Name. — The program authorized by this section 
shall be known as the Paul S. Sarbanes Transit in Parks Program.". 

(j) Section 5323. — Section 5323(n) of such title is amended 49USC5323. 
by striking "section 5336(e)(2)" and inserting "section 5336(d)(2)". 

(k) Section 5325. — Section 5325(b) of such title is amended — 

(1) in paragraph (1) by inserting before the period at the 
end "adopted before August 10, 2005"; 

(2) by striking paragraph (2); and 

(3) by redesignating paragraph (3) as paragraph (2). 
(1) Section 5336.— 

(1) Apportionments of formula grants.— Section 5336 
of such title is amended — 

(A) in subsection (a) by striking "Of the amount" and 
all that follows before paragraph (1) and inserting "Of 
the amount apportioned under subsection (i)(2) to carry 
out section 5307—"; 

(B) in subsection (d)(1) by striking "subsections (a) 
and (h)(2) of section 5338" and inserting "subsections 
(a)(l)(C)(vi) and (b)(2)(B) of section 5338"; and 

(C) by redesignating subsection (c), as added by section 
3034(c) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (119 Stat. 
1628), as subsection (k). 

(2) Technical amendments.— Section 3034(d)(2) of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users (119 Stat. 1629), is amended by striking 49USC5336. 

"paragraph (2)" and inserting "subsection (a)(2)". 

(m) Section 5337.— Section 5337(a) of title 49, United States 
Code, is amended by striking "for each of fiscal years 1998 through 
2003" and inserting "for each of fiscal years 2005 through 2009". 

(n) Section 5338.— Section 5338(d)(1)(B) of such title is 
amended by striking "section 5315(a)(16)" and inserting "section 
5315(b)(2)(P)". 

(o) SAFETEA-LU.— 

(1) Section 3011. — Section 3011(f) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users (119 Stat. 1589) is amended by adding to the end the 
following: 

"(5) Central Florida Commuter Rail Transit Project.". 

(2) Section 3037.— Section 3037(c) of such Act (119 Stat. 
1636) is amended — 

(A) in paragraph (3) by striking "Phase 11"; and 

(B) by striking paragraph (10). 

(3) Section 3040.— Section 3040(4) of such Act (119 Stat. 
1639) is amended by striking "$7,871,895,000" and inserting 
"$7,872,893,000". 

(4) Section 3043. — 

(A) Portland, Oregon.— Section 3043(b)(27) of such 
Act (119 Stat. 1642) is amended by inserting "/Milwaukie" 
after "Mall". 

(B) Los ANGELES.— 

(i) Phase 1.— Section 3043(b)(13) of such Act (119 
Stat. 1642) is amended to read as follows: 



178 



PUBLIC LAW 110-244— JUNE 6, 2008 122 STAT. 1623 

SEC. 402. CONVEYANCE OF RETAINED INTEREST IN ST. JOSEPH MEMO- Michigan. 

RIAL HAIX. Real property. 

(a) In General. — Subject to the terms and conditions of sub- 
section (c), the Administrator of General Services shall convey to 
the city of St. Joseph, Michigan, by quitclaim deed, any interest 
retained by the United States in St. Joseph Memorial Hall. 

(b) St. Joseph Memorial Hall Defined. — In this section, the 
term "St. Joseph Memorial Hall" means the property subject to 
a conveyance from the Secretary of Commerce to the city of St. 
Joseph, Michigan, by quitclaim deed dated May 9, 1936, recorded 
in Liber 310, at page 404, in the Register of Deeds for Berrien 
County, Michigan. 

(c) Terms and Conditions. — The conveyance under subsection 
(a) shall be subject to the following terms and conditions: 

(1) Consideration. — ^As consideration for the conveyance 
under subsection (a), the city of St. Joseph, Michigan, shall 
pay $10,000 to the United States. 

(2) Additional terms and conditions.— The Adminis- 
trator may require such additional terms and conditions for 
the conveyance under subsection (a) as the Administrator con- 
siders appropriate to protect the interests of the United States. 

TITLE V— OTHER PROVISIONS 

SEC. 501. DE SOTO COUNTY, MISSISSIPPI. 

Section 219(0(30) of the Water Resources Development Act 
of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 114 Stat. 
2763A-220; 119 Stat. 282; 119 Stat. 2257) is amended by striking 
"$55,000,000" and inserting "$75,000,000". 

SEC. 502. department OF JUSTICE REVIEW. 

Consistent with applicable standards and procedures, the 
Department of Justice shall review allegations of impropriety 
regarding item 462 in section 1934(c) of Public Law 109-59 to 
ascertain if a violation of Federal criminal law has occurred. 

Approved June 6, 2008. 



LEGISLATIVE HISTORY — H.R. 1195 (S. 1611): 

HOUSE REPORTS: No. 110-62 (Comm. on Transportation and Infrastructure). 
senate REPORTS: No. 110-81 accompanying S. 1611 (Comm. on Banking, Hous- 
ing, and Urban Affairs). 
CONGRESSIONAL RECORD: 

VoL 153 (2007): Mar. 26, considered and passed House. 
Vol. 154 (2008): Apr. 15-17, considered and passed Senate, amended. 
Apr. 30, House concurred in Senate amendment. 



o 



179 



122 STAT. 3574 



PUBLIC LAW 110-329— SEPT. 30, 2008 



Sept. 30, 2008 
[H.R. 2638] 



Consolidated 

Security, 

Disaster 

Assistance, and 

Continuing 

Appropriations 

Act, 2009. 



1 use 1 note. 



Public Law 110-329 
110th Congress 



An Act 



Making appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Consohdated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

DIVISION A— CONTINUING APPROPRIATIONS RESOLUTION, 2009 
DIVISION B— DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPRO- 
PRIATIONS ACT, 2008 
DIVISION C— DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009 
DIVISION D— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2009 
DIVISION E— MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPRO- 
PRIATIONS ACT, 2009 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to "this 
Act" or "this joint resolution" contained in any division of this 
Act shall be treated as referring only to the provisions of that 
division. 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding this legislation, printed 
in the House of Representatives section of the Congressional Record 
on or about September 24, 2008 by the Chairman of the Committee 
on Appropriations of the House, shall have the same effect with 
respect to the allocation of funds and implementation of this Act 
as if it were a joint explanatory statement of a committee of con- 
ference. 



Continuing 
Appropriations 
Resolution, 2009. 



DIVISION A— CONTINUING APPROPRIATIONS RESOLUTION, 

2009 

The following sums are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the several 
departments, agencies, corporations, and other organizational units 
of Government for fiscal year 2009, and for other purposes, namely: 

Sec. 101. Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for 



180 



PUBLIC LAW 110-329— SEPT. 30, 2008 122 STAT. 3575 

fiscal year 2008 and under the authority and conditions provided 
in such Acts, for continuing projects or activities (including the 
costs of direct loans and loan guarantees) that are not otherwise 
specifically provided for in this joint resolution, that were conducted 
in fiscal year 2008, and for which appropriations, ftinds, or other 
authority were made available in the following appropriations Acts: 
divisions A, B, C, D, F, G, H, J, and K of the Consolidated Appro- 
priations Act, 2008 (Public Law 110-161). 

Sec. 102. Rates for operations shall be calculated under section 
101 without regard to any amount designated in the applicable 
appropriations Acts for fiscal year 2008 as an emergency require- 
ment or necessary to meet emergency needs pursuant to any concur- 
rent resolution on the budget, other than the following amounts: 

(1) $150,000,000 provided in Public Law 110-252 for 
"Department of Health and Human Services — Food and Drug 
Administration — Salaries and Expenses". 

(2) $143,539,000 provided in division B of Pubhc Law 110- 
161 for "Department of Justice — Federal Bureau of Investiga- 
tion — Salaries and Expenses". 

(3) $110,000,000 provided in PubHc Law 110-252 for 
"Department of Labor — Employment and Training Administra- 
tion — State Unemployment Insurance and Employment Service 
Operations", without regard to the dates specified vmder such 
heading. 

(4) $272,000,000 of the $575,000,000 provided in division 
J of Public Law 110-161 for "Department of State — ^Administra- 
tion of Foreign Affairs — Diplomatic and Consular Programs" 
in the first paragraph under such heading, and $206,632,000 
provided in the last paragraph under such heading. 

(5) $76,700,000 provided in subchapter A of chapter 4 of 
title I of Public Law 110-252 for "Department of State- 
Administration of Foreign Affairs — Embassy Security, 
Construction, and Maintenance". 

Sec. 103. Appropriations made by section 101 shall be available 
to the extent and in the manner that would be provided by the 
pertinent appropriations Act. 

Sec. 104. No appropriation or funds made available or authority 
granted pursuant to section 101 shall be used to initiate or resume 
any project or activity for which appropriations, funds, or other 
authority were not available during fiscal year 2008. 

Sec. 105. Appropriations made and authority granted pursuant 
to this joint resolution shall cover all obligations or expenditures 
incurred for any project or activity during the period for which 
funds or authority for such project or activity are available under 
this joint resolution. 

Sec. 106. Unless otherwise provided for in this joint resolution Expiration date, 
or in the applicable appropriations Act for fiscal year 2009, appro- 
priations and funds made available and authority granted pursuant 
to this joint resolution shall be available until whichever of the 
following first occurs: (1) the enactment into law of an appropriation 
for any project or activity provided for in this joint resolution; 
(2) the enactment into law of the applicable appropriations Act 
for fiscal year 2009 without any provision for such project or activity; 
or (3) March 6, 2009. 



181 



PUBLIC LAW 110-329— SEPT. 30. 2008 



122 STAT. 3581 



Sec. 144. The requirement set forth in section 610(b) of the Extension date. 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 
shall continue through the date specified in section 106(3) of this 
joint resolution. 

Sec. 145. Sections 1309(a) and 1319 of the National Flood Applicability. 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each 
be applied by substituting the date specified in section 106(3) of 
this joint resolution for "September 30, 2008". 

Sec. 146. Section 717(a) of the Defense Production Act of 1950 Applicability. 
(50 U.S.C. App. 2166(a)) shall be applied by substituting the date 
specified in section 106(3) of this joint resolution for "September 
30, 2008". 

Sec. 147. The authority provided by section 330 of Public Extension date. 
Law 106-291 (43 U.S.C. 1701 note), as amended by section 428 
of Public Law 109-54, shall continue in effect through the date 
specified in section 106(3) of this joint resolution. 

Sec. 148. Section 337(a) of division E of Public Law 108- Applicability. 
447, as amended by section 420 of division F of Public Law 110- 
161, shall be applied by substituting the date specified in section 
106(3) of this joint resolution for "September 30, 2008". 

Sec. 149. Section 503(f) of PubUc Law 109-54 (16 U.S.C. 580d Applicability, 
note) shall be applied by substituting the date specified in section 
106(3) of this joint resolution for "September 30, 2008". 

Sec. 150. The authority provided by section 325 of Public 
Law 108-108 (117 Stat. 1307) shall continue in effect through 
the date specified in section 106(3) of this joint resolution. 

Sec. 151. In addition to the amounts otherwise provided by 
section 101, an additional amount is provided for "Department 
of the Interior — National Park Service — Operation of the National 
Park System" for security and visitor safety activities related to 
the Presidential Inaugural Ceremonies, at a rate for operations 
of $2,000,000. 

Sec. 152. (a) Sections 104, 105, and 433 of division F of Public 
Law 110-161 shall not apply to amounts provided by this joint 
resolution. 

(b) Nothing in this section amends or shall be construed as 
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.), including the public comment periods mandated by section 
18 of that Act (43 U.S.C. 1344), the National Environmental PoUcy 
Act of 1969 (42 U.S.C. 4321 et seq.), or any other law or regulation. 

Sec. 153. Amounts provided by section 101 for implementation 
of the Modified Water Deliveries to Everglades National Park shall 
be made available to the Army Corps of Engineers, which shall 
immediately carry out Alternative 3. 2. 2. a to U.S. Highway 41 (the 
Tamiami Trail) as substantially described in the Limited Reevalua- 
tion Report with Integrated Environmental Assessment and 
addendum, approved August 2008, which, for purposes of this sec- 
tion, is determined to meet the requirements of section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344), including 
subsection (r), in order to achieve the goals set forth in section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989 (16 U.S.C. 410r-8). 

Sec. 154. Activities authorized by chapters 2, 3, and 5 of 
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including 
section 246 of such Act, shall continue through the date specified 
in section 106(3) of this joint resolution. 



182 



122 STAT. 3582 



PUBLIC LAW 110-329— SEPT. 30, 2008 



Sec. 155. (a) In lieu of the amount otherwise provided by 
section 101 for "Department of Health and Human Services — 
Administration for Children and Families — Low-Income Home 
Energy Assistance", there is appropriated for such account for 
making payments under the Low-Income Home Energy Assistance 
Act of 1981, $5,100,000,000, which shall remain available through 
September 30, 2009. Of such amount, $4,509,672,000 is for pay- 
ments under subsections (b) and (d) of section 2602 of such Act 
and $590,328,000 is for payments under subsection (e) of such 
section. All but $839,792,000 of the amount provided by this section 
for such subsections (b) and (d) shall be allocated as though the 
total appropriation for such payments for fiscal year 2009 was 
less than $1,975,000,000. 

(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State 
may use any amount of an allotment from prior appropriations 
Acts that is available to that State for providing assistance in 
fiscal year 2009, and any allotment from funds appropriated in 
this section or in any other appropriations Act for fiscal year 2009, 
to provide assistance to households whose income does not exceed 
75 percent of the State median income. 
Deadline. (c) The amount provided by this section shall be obligated 

to States within 30 calender days from the date of enactment 
of this joint resolution. 

(d) Of the amount provided by this section, $2,779,672,000 
is designated as an emergency requirement and necessary to meet 
emergency needs pursuant to section 204(a) of S. Con. Res. 21 
(110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
Congress), the concurrent resolutions on the budget for fiscal years 
2008 and 2009. 
Applicability. (e) The provisions of this section shall apply notwithstanding 

any other provision of this joint resolution. 

Sec. 156. Notwithstanding section 101, amounts are provided 
for "Corporation for National and Community Service — Operating 
Expenses" to carry out subtitle E of the National and Community 
Service Act of 1990 at a rate for operations of $23,782,000. 

Sec. 157. (a) Amounts provided by section 101 for "Department 
of Health and Human Services — Office of the Secretary — General 
Departmental Management" are also available for the purpose of 
funding the National Commission on Children and Disasters author- 
ized under title VI of division G of Public Law 110-161 (the "title 
VI Commission"). 
Effective date. (b) Effective on and after the date of enactment of this joint 

resolution (1) the National Commission on Children and Disasters 
established by the Secretary of Health and Human Services under 
section 1114 of the Social Security Act (the "section 1114 Commis- 
sion"), together with its members, personnel, and other resources 
and obligations, shall be considered to be the title VI Commission 
and shall no longer be subject to the provisions of such section 
1114; and (2) for purposes of any contract entered into by any 
component of the Department of Health and Human Services in 
fiscal year 2008 for support of the section 1114 Commission, any 
reference to the section 1114 Commission shall be deemed to refer 
to the title VI Commission. 

Sec. 158. (a) Notwithstanding section 101, amounts are pro- 
vided for "Department of Education-Student Financial Assistance" 
at a rate for operations of $18,627,136,000, of which $16,761,000,000 



183 



122 STAT. 3716 PUBLIC LAW 110-329— SEPT. 30, 2008 

Military Construction, Veterans Affairs, and Related Agencies of 
the Committee on Appropriations of the House of Representatives 
and the Subcommittee on Military Construction, Veterans Affairs, 
and Related Agencies of the Committee on Appropriations of the 
Senate. 

Sec. 408. None of the funds made available in this Act may 
be used to modify the standards applicable to the determination 
of the entitlement of veterans to special monthly pensions under 
sections 1513(a) and 1521(e) of title 38, United States Code, as 
in effect pursuant to the opinion of the United States Court of 
Appeals for Veterans Claims in the case of Hartness v. Nicholson 
(No. 04-0888, July 21, 2006). 

Sec. 409. None of the funds made available in this Act may 
be used for a project or program named for an individual then 
serving as a Member, Delegate, or Resident Commissioner of the 
United States Congress. 

This division may be cited as the "Military Construction and 
Veterans Affairs and Related Agencies Appropriations Act, 2009". 

Approved September 30, 2008. 



LEGISLATIVE HISTORY — H.R. 2638 (S. 1644): 

HOUSE REPORTS: No. 110-181 (Comm. on Appropriations). 

SENATE REPORTS: No. 110-84 accompanying S. 1644 (Comm. on Appropriations). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): June 12-15, considered and passed House. 

July 24-26, considered and passed Senate, amended. 
Vol. 154 (2008): Sept. 24, House concurred in Senate amendment with an 
amendment. 
Sept. 26, 27, Senate considered and concurred in House 
amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
Sept. 30, Presidential statement. 



o 



184 



122 STAT. 4356 PUBLIC LAW 110-417— OCT. 14, 2008 



Public Law 110-417 
110th Congress 

An Act 

To authorize appropriations for fiscal year 2009 for military activities of the Depart- 
Oct. 14, 2008 ment of Defense, for military construction, and for defense activities of the Depart- 

[S. 3001] ment of Energy, to prescribe military personnel strengths for such fiscal year, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Duncan Hunter the United States of America in Congress assembled, 
National Defense 
Authorization SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS. 

Aft TOT* p i^ffll 

Year 2009. (a) SHORT TiTLE. — This Act may be cited as the "Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009". 
(b) Findings. — Congress makes the following findings: 

(1) Representative Duncan Hunter was elected to serve 
northern and eastern San Diego in 1980 and served in the 
House of Representatives until the end of the 110th Congress 
in 2009, representing the people of California's 52d Congres- 
sional district. 

(2) Previous to his service in Congress, Representative 
Hunter served in the Army's 173rd Airborne and 75th Ranger 
Regiment from 1969 to 1971. 

(3) During the Vietnam conflict, Representative Hunter's 
distinguished service was recognized by the award of the Bronze 
Star and Air Medal, as well as the National Defense Service 
Medal and the Vietnam Service Medal. 

(4) Representative Hunter served on the Committee on 
Armed Services of the House of Representatives for 28 years, 
including service as Chairman of the Subcommittee on Military 
Research and Development from 2001 through 2002 and the 
Subcommittee on Military Procurement from 1995 through 
2000, the Chairman of the full committee from 2003 through 
2006, and the ranking member of the full committee from 
2007 through 2008. 

(5) Representative Hunter has persistently advocated for 
a more efficient military organization on behalf of the American 
people, to ensure maximum war-fighting capability and troop 
safety. 

(6) Representative Hunter is known by his colleagues to 
put the security of the Nation above all else and to provide 
for the men and women in uniform who valiantly dedicate 
and sacrifice themselves for the protection of the Nation. 

(7) Representative Hunter has demonstrated this devotion 
to the troops by working to authorize and ensure quick deploy- 
ment of add-on vehicle armor and improvised explosive device 
jammers, which have been invaluable in protecting the troops 
from attack in Iraq. 



185 



PUBLIC LAW 110-417— OCT. 14, 2008 122 STAT. 4357 

(8) Representative Hunter worked to increase the size of 
the U.S. Armed Forces, which resulted in significant increases 
in the size of the Army and Marine Corps. 

(9) Representative Hunter has been a leader in ensuring 
sufficient force structvire and end-strength, including through 
the 2006 Committee Defense Review, to meet any challenges 
to the Nation. His efforts to increase the size of the Army 
and Marine Corps contributed to the enactment by the Congress 
and the subsequent implementation by the Administration of 
the larger forces. 

(10) Representative Hunter is a leading advocate for 
securing America's borders. 

(11) Representative Hunter led efforts to strengthen the 
United States Industrial Base by working to enact legislation 
that ensures that the national industrial base will be able 
to design and manufacture those products critical to America's 
national security. 

(c) Sense of Congress. — It is the sense of Congress that 
the Honorable Duncan Hunter, Representative fi-om California, has 
discharged his ofiicial duties with integrity and distinction, has 
served the House of Representatives and the American people self- 
lessly, and deserves the sincere and humble gratitude of Congress 
and the Nation. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) Divisions. — This Act is organized into three divisions as 
follows: 

(1) Division A — Department of Defense Authorizations. 

(2) Division B — Military Construction Authorizations. 

(3) Division C — Department of Energy National Security 
Authorizations and Other Authorizations. 

(b) Table of Contents. — ^The table of contents for this Act 
is as follows: 

Sec. 1. Short title; findings; sense of Congress. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

Sec. 4. Explanatory statement. 

division A— department of defense authorizations 
title I— procurement 

Subtitle A — ^Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B — Army Programs 

Sec. 111. Separate procurement line items for Future Combat Systems program. 

Sec. 112. Clarification of status of Future Combat Systems program lead system in- 
tegrator. 

Sec. 113. Restriction on obligation of funds for Army tactical radio pending report. 

Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance 
Helicopter program pending certification. 

Sec. 115. Stryker Mobile Gun System. 

Subtitle C — Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 

Sec. 122. Littoral Combat Ship (LCS) program. 

Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to annual. 



186 



122 STAT. 4368 PUBLIC LAW 110-417— OCT. 14, 2008 

TITLE XIII— COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 

TITLE XIV— OTHER AUTHORIZATIONS 

Subtitle A — Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical agents and munitions destruction, defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Sec. 1407. National Defense Sealift Fund amendments. 

Subtitle B — National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to previously authorized disposals from the National Defense 
Stockpile. 

Subtitle C — Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

TITLE XV— AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Authorization of additional appropriations for operations in Afghanistan 
and Iraq for fiscal year 2009. 

Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Science and technology investment strategy to defeat or counter impro- 
vised explosive devices. 

Sec. 1505. Limitations on Iraq Security Forces Fund. 

Sec. 1506. Limitations on Afghanistan Security Forces Fund. 

Sec. 1507. Special transfer authority. 

Sec. 1508. Prohibition on use of United States funds for certain facilities projects 
in Iraq and contributions by the Government of Iraq to combined oper- 
ations and other activities in Iraq. 

TITLE XVI— RECONSTRUCTION AND STABILIZATION CIVILIAN 
MANAGEMENT 

Sec. 1601. Short title. 

Sec. 1602. Findings. 

Sec. 1603. Definitions. 

Sec. 1604. Authority to provide assistance for reconstruction and stabilization cri- 
ses. 

Sec. 1605. Reconstruction and stabilization. 

Sec. 1606. Authorities related to personnel. 

Sec. 1607. Reconstruction and stabilization strategy. 

Sec. 1608. Annual reports to Congress. 

DIVISION B— MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 
Sec. 2003. Effective date. 

TITLE XXI— ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations. Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects. 

Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 

TITLE XXII— NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 



187 



122 STAT. 4370 PUBLIC LAW 110-417— OCT. 14, 2008 

Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power 
plants. 

TITLE XXVIII— MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A — Military Construction Program and Military Family Housing Changes 

Sec. 2801. Incorporation of principles of sustainable design in documents submitted 
as part of proposed military construction projects. 

Sec. 2802. Revision oi maximum lease amount applicable to certain domestic Army 
family housing leases to reflect previously made annual adjustments in 
amount. 

Sec. 2803. Use of military family housing constructed under build and lease author- 
ity to house members without dependents. 

Sec. 2804. Leasing of military family housing to Secretary of Defense. 

Sec. 2805. Improved oversight and accountability for military housing privatization 
initiative projects. 

Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command and United States 
Africa Command areas of responsibility. 

Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC. 

Subtitle B — Real Property and Facilities Administration 

Sec. 2811. Clarification of congressional reporting requirements for certain real 
property transactions. 

Sec. 2812. Autnority to lease non-excess property of military departments and De- 
fense Agencies. 

Sec. 2813. Modification of utility system conveyance authority. 

Sec. 2814. Defense access roads. 

Sec. 2815. Report on application offeree protection and anti-terrorism standards to 
gates and entry points on military installations. 

Subtitle C — Provisions Related to Guam Realignment 

Sec. 2821. Sense of Congress regarding military housing and utilities related to 
Guam realignment. 

Sec. 2822. Federal assistance to Guam. 

Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for 
military base reuse studies and community planning assistance. 

Sec. 2824. Support for realignment of military installations and relocation of mili- 
tary personnel on Guam. 

Subtitle D — Energy Security 

Sec. 2831. Certification of enhanced use leases for energy-related projects. 
Sec. 2832. Annual report on Department of Defense installations energy manage- 
ment. 

Subtitle E — Land Conveyances 

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California. 

Sec. 2842. Transfer of^ administrative jurisdiction, decommissioned Naval Security 
Group Activity, Skaggs Island, California. 

Sec. 2843. Transfer of proceeds from property conveyance. Marine Corps Logistics 
Base, Albany, Georgia. 

Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Cen- 
ter, Springfield, Ohio. 

Sec. 2845. Land conveyance, John Sevier Range, Knox Count}^ Tennessee. 

Sec. 2846. Land conveyance. Army property. Camp Williams, Utah. 

Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 

Subtitle F— Other Matters 

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington Na- 
tional Cemetery. 

Sec. 2852. Acceptance and use of gifts for construction of additional building at Na- 
tional Museum of the United States Air Force, Wright-Patterson Air 
Force Base. 

Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 

Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania. 

Sec. 2855. Naming of health facility. Fort Rucker, Alabama. 

TITLE XXIX— WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS 

Subtitle A— Fiscal Year 2008 Projects 
Sec. 2901. Authorized Army construction and land acquisition projects. 



188 



PUBLIC LAW 110-417— OCT. 14, 2008 122 STAT. 4657 

SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY. 22 USC 2368 

(a) In General. — The Secretary of State, in consultation with 
the Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond to 
reconstruction and stabilization operations. 

(b) Contents. — The strategy required under subsection (a) 
shall include the following: 

(1) Identification of and efforts to improve the skills sets 
needed to respond to and support reconstruction and stabiliza- 
tion operations in countries or regions that are at risk of, 
in, or are in transition from, conflict or civil strife. 

(2) Identification of specific agencies that can adequately 
satisfy the skills sets referred to in paragraph (1). 

(3) Efforts to increase training of Federal civilian personnel 
to carry out reconstruction and stabilization activities. 

(4) Efforts to develop a database of proven and best prac- 
tices based on previous reconstruction and stabilization oper- 
ations. 

(5) A plan to coordinate the activities of agencies involved 
in reconstruction and stabilization operations. 

SEC. 1608. ANNUAL REPORTS TO CONGRESS, 

Not later than 180 days after the date of the enactment of 
this Act and annually for each of the five years thereafter, the 
Secretary of State shall submit to the appropriate congressional 
committees a report on the implementation of this title. The report 
shall include detailed information on the following: 

(1) Any steps taken to establish a Response Readiness 
Corps and a Civilian Reserve Corps, pursuant to section 62 
of the State Department Basic Authorities Act of 1956 (as 
added by section 1605 of this title). 

(2) The structure, operations, and cost of the Response 
Readiness Corps and the Civilian Reserve Corps, if established. 

(3) How the Response Readiness Corps and the Civilian 
Reserve Corps coordinate, interact, and work with other United 
States foreign assistance programs. 

(4) An assessment of the impact that deployment of the 
Civilian Reserve Corps, if any, has had on the capacity and 
readiness of any domestic agencies or State and local govern- 
ments from which Civilian Reserve Corps personnel are drawn. 

(5) The reconstruction and stabilization strategy required 
by section 1607 and any annual updates to that strategy. 

(6) Recommendations to improve implementation of sub- 
section (b) of section 62 of the State Department Basic Authori- 
ties Act of 1956, including measures to enhance the recruitment 
and retention of an effective Civilian Reserve Corps. 

(7) A description of anticipated costs associated with the 
development, annual sustainment, and deployment of the 
Civilian Reserve Corps. 

DIVISION B— MILITARY CONSTRUCTION Mitary 

AUTHORIZATIONS AuSrizaUon 



SEC. 2001. SHORT TITLE. 

This division may be cited as the "Military Construction 
Authorization Act for Fiscal Year 2009". 



Act for Fiscal 
Year 2009. 



189 



122 STAT. 4718 PUBLIC LAW 110-417— OCT. 14, 2008 

TITLE XXVIII— MILITARY 
CONSTRUCTION GENERAL PROVISIONS 

Subtitle A — Military Construction Program and Militeu^? Family Housing Changes 

Sec. 2801. Incorporation of principles of sustainable design in documents submitted 
as part of proposed military construction projects. 

Sec. 2802. Revision of maximum lease amount applicable to certain domestic Army 
family housing leases to reflect previously made annual adjustments in 
amount. 

Sec. 2803. Use of military family housing constructed under build and lease author- 
ity to house members without dependents. 

Sec. 2804. Leasing of military family housing to Secretary of Defense. 

Sec. 2805. Improved oversight and accountability for military housing privatization 
initiative projects. 

Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command and United States 
Africa Command areas of responsibility. 

Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC. 

Subtitle B — Real Property and Facilities Administration 

Sec. 2811. Clarification of congressional reporting requirements for certain real 
property transactions. 

Sec. 2812. Authority to lease non-excess property of military departments and De- 
fense Agencies. 

Sec. 2813. Modification of utility system conveyance authority. 

Sec. 2814. Defense access roads. 

Sec. 2815. Report on application of force protection and anti-terrorism standards to 
gates and entry points on military installations. 

Subtitle C — Provisions Related to Guam Realignment 

Sec. 2821. Sense of Congress regarding military housing and utilities related to 
Guam realignment. 

Sec. 2822. Federal assistance to Guam. 

Sec. 2823. Eligibility of the Commonwfealth of the Northern Mariana Islands for 
military base reuse studies and community planning assistance. 

Sec. 2824. Support for realignment of military installations and relocation of mili- 
tary personnel on Guam. 

Subtitle D — Energy Security 

Sec. 2831. Certification of enhanced use leases for energy-related projects. 
Sec. 2832. Annual report on Department of Defense installations energy manage- 
ment. 

Subtitle E — Land Conveyances 

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California. 

Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security 
Group Activity, Skaggs Island, California. 

Sec. 2843. Transfer of proceeds fi-om property conveyance, Marine Corps Logistics 
Base, Albany, Georgia. 

Sec. 2844. Land conveyance. Sergeant First Class M.L. Downs Army Reserve Cen- 
ter, Springfield, Ohio. 

Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee. 

Sec. 2846. Land conveyance. Army property. Camp Williams, Utah. 

Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 

Subtitle F— Other Matters 

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington Na- 
tional Cemetery. 

Sec. 2852. Acceptance and use of gifts for construction of additional building at Na- 
tional Museum of the United States Air Force, Wright-Patterson Air 
Force Base. 

Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 

Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania. 

Sec. 2855. Naming of health facility. Fort Rucker, Alabama. 



190 



PUBLIC LAW 110^17— OCT. 14, 2008 122 STAT. 4733 

Independence and Security Act of 2007 (Public Law 110-140; 
121 Stat. 1612).". 

Subtitle E — Land Conveyances 

SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, 
ALAMEDA, CALIFORNIA. 

(a) Conveyance Authorized. — The Secretary of the Navy may 
convey to the redevelopment authority for the former Naval Air 
Station Alameda, California (in this section referred to as the 
"redevelopment authority"), all right, title and interest of the United 
States in and to the real and personal property comprising Naval 
Air Station Alameda, except those parcels identified for public ben- 
efit conveyance and certain surplus lands at the Naval Air Station 
Alameda described in the Federal Register on November 5, 2007. 
In this section, the real and personal property to be conveyed 
under this section is referred to as the "NAS Property". 

(b) Multiple Conveyances.— The conveyance of the NAS Prop- 
erty may be conducted through multiple parcel transfers. 

(c) Consideration. — As consideration for the conveyance of 
the NAS Property under subsection (a), the Secretary of the Navy 
shall seek to obtain fair market value. 

(d) Existing Uses. — During the three-year period beginning 
on the date on which the first conveyance under this section is 
made, the redevelopment authority shall make reasonable efforts 
to accommodate the continued use by the United States of those 
portions of the NAS Property covered by a request for Federal 
Land Transfer so long as the accommodation of such use is at 
no cost or expense to the redevelopment authority. Such accom- 
modations shall provide adequate protection for the endangered 
California Least Tern in accordance with the requirements of the 
existing Biological Opinion for Naval Air Station Alameda dated 
March 22, 1999, and any future amendments to the Biological 
Opinion. 

(e) Savings Provision. — Nothing in this section shall be con- 
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) and the Sohd Waste Disposal Act (42 
U.S.C. 6901 et seq.). 

(f) Description of Property.— The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by a survey satisfactory to the Department. 

(g) Master Lease. — The Lease in Furtherance of Conveyance, 
dated June 2000, as amended, between the Secretary of the Navy 
and the redevelopment authority shall remain in full force and 
effect until conveyance of the NAS Property in accordance with 
this section, and a lease amendment recognizing this section shall 
be offered by the Secretary. 

(h) Treatment of Amounts Received. — Amounts received by 
the United States under this section shall be credited to the fund 
or account intended to receive proceeds from the disposal of the 
NAS Property pursuant to the Defense Base Closure and Realign- 
ment Act of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note). 



191 



PUBLIC LAW 110-417— OCT. 14, 2008 122 STAT. 4737 

(2) Treatment of amounts received.— Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 

(e) Description of Real Property. — The exact acreage and 
legal description of the real property to be conveyed under sub- 
section (a) shall be determined by a survey satisfactory to the 
Secretary. 

(f) Additional Terms and Conditions. — The Secretary may 
require such additional terms and conditions in connection Avith 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 

SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC 
TRAIL THROUGH FORT BELVOIR, VIRGINIA. 

(a) Agreement Authority. — ^The Secretary of the Army may 
enter into a revocable at will easement with the Secretary of the 
Interior to provide land along the perimeter of Fort Belvoir, Vir- 
ginia, to be used as a segment of the Potomac Heritage National 
Scenic Trail. 

(b) Selection Criteria. — In determining the extent of the 
easement, the Secretary of the Army shall provide for a single 
trail, and select alignments of the trail, along the perimeter of 
Fort Belvoir. In making that determination, the Secretary shall 
consider — 

(1) the perimeter security requirements to protect the 
assets, people, and agency missions located at Fort Belvoir; 

(2) the appropriate setback from adjacent roadways to pro- 
vide for a safe and enjoyable experience for users of the trail; 
and 

(3) any planned future expansion of roadways, including 
United States Route 1, so that the trail will not be adversely 
impacted by roadway construction. 

(c) Trail Administration and Management. — ^A written agree- 
ment confirming an administration and management arrangement 
of any segment of the Potomac Heritage National Scenic Trail 
along the perimeter of Fort Belvoir shall be co-signed by the parties 
to the easement agreement. 

Subtitle F— Other Matters 

SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL Virginia. 
annex to ARLINGTON NATIONAL CEMETERY. 

Section 2881(h)(1) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 
Stat. 879), as amended by section 2871 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 
110-181; 122 Stat. 561), is further amended by striking "January 
1, 2011" and inserting "January 1, 2012". 



192 



PUBLIC LAW 110-417— OCT. 14, 2008 122 STAT. 4771 

(1) Establishment. — There is established in the Treasury 
of the United States a separate account to be known as the 
"Port of Guam Improvement Enterprise Fund" (in this section 
referred to as the "Fund"). 

(2) Deposits. — There shall be deposited into the Fund — 

(A) amounts received by the Administrator from Fed- 
eral and non-Federal sources under subsection (b)(1); 

(B) amounts transferred to the Administrator under 
subsection (d); and 

(C) amounts appropriated to carry out this section 
under subsection (f). 

(3) Use of amounts. — Amounts in the Fund shall be avail- 
able to the Administrator to carry out the Program. 

(4) Administrative expenses. — Not to exceed 3 percent 
of the amounts appropriated to the Fund for a fiscal year 
may be used for administrative expenses of the Administrator. 

(5) Availability of amounts.— Amounts in the Fund shall 
remain available until expended. 

(d) Transfers of Amounts. — ^Amounts appropriated or other- 
wise made available for any fiscal year for an intermodal or marine 
facility comprising a component of the Program shall be transferred 
to and administered by the Administrator. 

(e) Limitation. — Nothing in this section shall be construed 
to authorize amounts made available under section 215 of title 
23, United States Code, or any other amounts made available 
for the construction of highways or amounts otherwise not eligible 
for making port improvements to be deposited into the Fund. 

(f) Authorization of Appropriations.— There are authorized 
to be appropriated to the Fund such sums as may be necessary 
to carry out this section 

Approved October 14, 2008. 



legislative history — S. 3001 (H.R. 5658): 

HOUSE REPORTS: No. 110-652 and Pt. 2 (both from Comm. on Armed Services) 

accompanying H.R. 5658. 
senate REPORTS: No. 110-335 (Comm. on Armed Services). 
congressional record, Vol. 154 (2008): 

Sept. 9-12, 15-17, considered and passed Senate. 

Sept. 24, considered and peissed House, amended. 

Sept. 27, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 44 (2008): 

Oct. 14, Presidential statement. 



o 



193 



AUTHENTICATED 

O.S. GOVERNMENT 

INFORMATION 

CPO 




PUBLIC LAW 110-453— DEC. 2, 2008 122 STAT. 5027 



Public Law 110-453 
110th Congress 

An Act 

To direct the Secretary of the Interior to take into trust 2 parcels of Federal „ 

land for the benefit of certain Indian Pueblos in the State of New Mexico, and — — '. — 

for other purposes. [S. 1193] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

TITLE I— ALBUQUERQUE INDIAN Albuquerque 

SCHOOL ACT Indian School 

SEC. 101. SHORT TITLE. 

This title may be cited as the "Albuquerque Indian School 
Act". 

SEC. 102. DEFmiTIONS. 

In this title: 

(1) 19 PUEBLOS.— The term "19 Pueblos" means the New 
Mexico Indian Pueblos of — 

(A) Acoma; 

(B) Cochiti; 

(C) Isleta; 

(D) Jemez; 

(E) Laguna; 

(F) Nambe; 

(G) Ohkay Owingeh (San Juan); 
(H) Picuris; 

(I) Pojoaque; 
(J) San Felipe; 
(K) San Ildefonso; 
(L) Sandia; 
(M) Santa Ana; 
(N) Santa Clara; 
(O) Santo Domingo; 
(P) Taos; 
(Q) Tesuque; 
(R) Zia; and 
(S) Zuni. 

(2) Secretary. — The term "Secretary" means the Secretary 
of the Interior (or a designee). 

(3) Survey. — ^The term "survey" means the survey plat 
entitled "Department of the Interior, Bureau of Indian Affairs, 
Southern Pueblos Agency, BIA Property Survey" (prepared by 



194 



122 STAT. 5034 PUBLIC LAW 110-453— DEC. 2, 2008 

subsection (o)(5) of section 207 of the Indian Land Consolidation 
Act (25 U.S.C. 2206) shall not apply to or affect any sale 
of an interest under subsection (o)(5) of that section that was 
completed before the date of enactment of this Act. 

TITLE III— REAUTHORIZATION OF ME- 
MORIAL TO MARTIN LUTHER KING, 
JR. 

SEC. 301. REAUTHORIZATION. 

Section 508(b)(2) of the Omnibus Parks and Public Lands 
Management Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 
114 Stat. 26, 117 Stat. 1347, 119 Stat. 527) is amended by striking 
"November 12, 2008" and inserting "November 12, 2009". 

Approved December 2, 2008. 



LEGISLATIVE HISTORY — S. 1193: 

SENATE REPORTS: No. 110-434 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 22, considered and passed Senate. 

Sept. 29, considered and passed House, amended. 

Nov. 19, Senate concurred in House amendment. 



o 



195 



122 STAT. 5038 



PUBLIC LAW 110-456— DEC. 23, 2008 



Dec. 23, 2008 
[H.R. 6184] 



America's 
Beautiful 
National Parks 
Quarter Dollar 
Coin Act of 2008. 
31 use 5101 
note. 



Public Law 110-456 
110th Congress 



An Act 



To provide for a program for circulating quarter dollar coins that are emblematic 
of a national park or other national site in each State, the District of Columbia, 
and each territory of the United States, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "America's Beautiful National 
Parks Quarter Dollar Coin Act of 2008". 

TITLE I— NATIONAL SITE QUARTER 
DOLLARS 



31 use 5112 
note. 



SEC. 101. FINDINGS. 

The Congress finds as follows: 

(1) Yellowstone National Park was established by an Act 
signed by President Ulysses S. Grant on March 1, 1872, as 
the Nation's first national park. 

(2) The summer and autumn of 1890 saw the establishment 
of a number of national sites: 

(A) August 19: Chickamauga and Chattanooga estab- 
lished as national military parks in Georgia and Tennessee. 

(B) August 30: Antietam established as a national 
battlefield site in Maryland. 

(C) September 25: Sequoia National Park established 
in California. 

(D) September 27: Rock Creek Park established in 
the District of Columbia. 

(E) October 1: General Grant National Park established 
in California (and subsequently incorporated in Kings 
Canyon National Park). 

(F) October 1: Yosemite National Park established in 
California. 

(3) Theodore Roosevelt was this nation's 26th President 
and is considered by many to be our "Conservationist Presi- 
dent". 

(4) As a frequent visitor to the West, Theodore Roosevelt 
witnessed the virtual destruction of some big game species 
and the overgrazing that destroyed the grasslands and with 
them the habitats for small mammals and songbirds and con- 
servation increasingly became one of his major concerns. 



196 



PUBLIC LAW 110-456— DEC. 23, 2008 122 STAT. 5039 

(5) When he became President in 1901, Roosevelt pursued 
this interest in conservation by estabhshing the first 51 Bird 
Reserves, 4 Game Preserves, and 150 National Forests. 

(6) He also established the United States Forest Service, 
signed into law the creation of 5 National Parks, and signed 
the Act for the Preservation of American Antiquities in 1906 

■ under which he proclaimed 18 national monuments. 

(7) Approximately 230,000,000 acres of area within the 
United States was placed under public protection by Theodore 
Roosevelt. 

(8) Theodore Roosevelt said that nothing short of defending 
this country in wartime "compares in importance with the 
great central task of leaving this land even a better land 
for our descendants than it is for us". 

(9) The National Park Service was created by an Act signed 
by President Woodrow Wilson on August 25, 1916. 

(10) The National Park System comprises 391 areas cov- 
ering more than 84,000,000 acres in every State (except Dela- 
ware), the District of Columbia, American Samoa, Guam, Puerto 
Rico, and the Virgin Islands. 

(11) The sites or areas within the National Park System 
vary widely in size and type from vast natural wilderness 
to birthplaces of Presidents to world heritage archaeology sites 
to an African burial ground memorial in Manhattan and include 
national parks, monuments, battlefields, military parks, histor- 
ical parks, historic sites, lakeshores, seashores, recreation 
areas, scenic rivers and trails, and the White House. 

(12) In addition to the sites within the National Park 
System, the United States has placed numerous other types 
of sites under various forms of conservancy, such as the national 
forests and sites within the National Wildlife Refuge System 
and on the National Register of Historic Places. 

SEC. 102. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEM- 
ATIC OF NATIONAL PARKS OR OTHER NATIONAL SITES 
IN EACH STATE, THE DISTRICT OF COLUMBIA, AND EACH 
TERRITORY. 

Section 5112 of title 31, United States Code, is amended by 
adding at the end the following new subsection: 

"(t) Redesign and Issuance of Quarter Dollars Emblematic 
OF National Sites in Each State, the District of Columbia, 
AND Each Territory. — 

"(1) Redesign beginning upon completion of prior pro- 
gram.— 

"(A) In general.— Notwithstanding the fourth sen- 
tence of subsection (d)(1) and subsection (d)(2), quarter 
dollars issued beginning in 2010 shall have designs on 
the reverse selected in accordance with this subsection 
which are emblematic of the national sites in the States, 
the District of Columbia and the territories of the United 
States. 

"(B) Flexibility with regard to placement of 
inscriptions. — Notwithstanding subsection (d)(1), the Sec- 
retary may select a design for quarter dollars referred 
to in subparagraph (A) in which — 



197 



122 STAT. 5040 PUBLIC LAW 110-456— DEC. 23, 2008 

"(i) the inscription described in the second sentence 
of subsection (d)(1) appears on the reverse side of any 
such quarter dollars; and 

"(ii) any inscription described in the third sentence 
of subsection (d)(1) or the designation of the value 
of the coin appears on the obverse side of any such 
quarter dollars. 

"(C) Inclusion of district of Columbia, and terri- 
tories. — For purposes of this subsection, the term 'State' 
has the same meaning as in section 3(a)(3) of the Federal 
Deposit Insurance Act. 

"(2) Single site in each state.— The design on the reverse 
side of each quarter dollar issued during the period of issuance 
under this subsection shall be emblematic of 1 national site 
in each State. 

"(3) Selection of site and design. — 
"(A) Site.— 

"(i) In general. — The selection of a national park 
or other national site in each State to be honored 
with a coin under this subsection shall be made by 
the Secretary of the Treasury, after consultation with 
the Secretary of the Interior and the governor or other 
chief executive of each State with respect to which 
a coin is to be issued under this subsection, and after 
giving full and thoughtful consideration to national 
sites that are not under the jurisdiction of the Sec- 
retary of the Interior so that the national site chosen 
for each State shall be the most appropriate in terms 
of natural or historic significance. 

"(ii) Timing. — The selection process under clause 
(i) shall be completed before the end of the 270-day 
period beginning on the date of the enactment of the 
America's Beautiful National Parks Quarter Dollar 
Coin Act of 2008. 

"(B) Design. — Each of the designs required under this 
subsection for quarter dollars shall be — 

"(i) selected by the Secretary after consultation 
with — 

"(I) the Secretary of the Interior; and 
"(II) the Commission of Fine Arts; and 
"(ii) reviewed by the Citizens Coinage Advisory 
Committee. 

"(C) Selection and approval process.— Rec- 
ommendations for site selections and designs for quarter 
dollars may be submitted in accordance with the site and 
design selection and approval process developed by the 
Secretary in the sole discretion of the Secretary. 

"(D) Participation in design. — The Secretary may 
include participation by officials of the State, artists fi"om 
the State, engravers of the United States Mint, and mem- 
bers of the general public. 

"(E) Standards. — Because it is important that the 
Nation's coinage and currency bear dignified designs of 
which the citizens of the United States can be proud, 
the Secretary shall not select any frivolous or inappropriate 
design for any quarter dollar minted under this subsection. 



198 



PUBLIC LAW 110-456— DEC. 23, 2008 122 STAT. 5041 

"(F) Prohibition on certain representations. — No 
head and shoulders portrait or bust of any person, hving 
or dead, no portrait of a living person, and no outline 
or map of a State may be included in the design on the 
reverse of any quarter dollar under this subsection. 
"(4) Issuance of coins. — 

"(A) Order of issuance.— The quarter dollar coins 
issued under this subsection bearing designs of national 
sites shall be issued in the order in which the sites selected 
under paragraph (3) were first established as a national 
site. 

"(B) Rate of issuance.— The quarter dollar coins 
bearing designs of national sites under this subsection shall 
be issued at the rate of 5 new designs during each year 
of the period of issuance under this subsection. 

"(C) Number of each of 5 coin designs in each 
YEAR. — Of the quarter dollar coins issued during each year 
of the period of issuance, the Secretary of the Treasury 
shall prescribe, on the basis of such factors as the Secretary 
determines to be appropriate, the number of quarter dollars 
which shall be issued with each of the designs selected 
for such year. 

"(5) Treatment as numismatic items. — For purposes of 
sections 5134 and 5136, all coins minted under this subsection 
shall be considered to be numismatic items. 
"(6) Issuance.— 

"(A) Quality of coins. — The Secretary may mint and 
issue such number of quarter dollars of each design selected 
under paragraph (3) in uncirculated and proof qualities 
as the Secretary determines to be appropriate. 

"(B) Silver coins. — Notwithstanding subsection (b), 
the Secretary may mint and issue such number of quarter 
dollars of each design selected under paragraph (3) as 
the Secretary determines to be appropriate, with a content 
of 90 percent silver and 10 percent copper. 
"(7) Period of issuance. — 

"(A) In general. — Subject to paragraph (2), the pro- 
gram established under this subsection shall continue in 
effect until a national site in each State has been honored. 
"(B) Second round at discretion of secretary. — 
"(i) Determination. — The Secretary may make a 
determination before the end of the 9-year period 
beginning when the first quarter dollar is issued under 
this subsection to continue the period of issuance until 
a second national site in each State, the District of 
Columbia, and each territory referred to in this sub- 
section has been honored with a design on a quarter 
dollar. 

"(ii) Notice and report. — Within 30 days after 
making a determination under clause (i), the Secretary 
shall submit a written report on such determination 
to the Committee on Financial Services of the House 
of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 

"(iii) Applicability of provisions. — If the Sec- 
retary makes a determination under clause (i), the 
provisions of this subsection applicable to site and 



199 



122 STAT. 5042 PUBLIC LAW 110-456— DEC. 23, 2008 

design selection and approval, the order, timing, and 
conditions of issuance shall apply in like manner as 
the initial issuance of quarter dollars under this sub- 
section, except that the issuance of quarter dollars 
pursuant to such determination bearing the first design 
shall commence in order immediately following the 
last issuance of quarter dollars under the first round, 
"(iv) Continuation until all states are hon- 
ored. — If the Secretary makes a determination under 
clause (i), the program under this subsection shall 
continue until a second site in each State has been 
so honored. 
"(8) Designs after end of program.— Upon the comple- 
tion of the coin program under this subsection, the design 
on — 

"(A) the obverse of the quarter dollar shall revert to 
the same design containing an image of President Wash- 
ington in effect for the quarter dollar before the institution 
of the 50-State quarter dollar program; and 

"(B) notwithstanding the fourth sentence of subsection 
(d)(1), the reverse of the quarter dollar shall contain an 
image of General Washington crossing the Delaware River 
prior to the Battle of Trenton. 

"(9) National site. — For purposes of this subsection, the 
term 'national site' means any site under the supervision, 
management, or conservancy of the National Park Service, 
the United States Forest Service, the United States Fish and 
Wildlife Service, or any similar department or agency of the 
Federal Government, including any national park, national 
monument, national battlefield, national military park, national 
historical park, national historic site, national lakeshore, sea- 
shore, recreation area, parkway, scenic river, or trail and any 
site in the National Wildlife Refuge System. 

"(10) Application in event of independence.— If any 
territory becomes independent or otherwise ceases to be a terri- 
tory or possession of the United States before quarter dollars 
bearing designs which are emblematic of such territory are 
minted pursuant to this subsection, this subsection shall cease 
to apply with respect to such territory.". 

TITLE II— BULLION INVESTMENT 
PRODUCTS 

SEC. 201. SILVER BULLION COIN. 

Section 5112 of title 31, United States Code, is amended by 
inserting after subsection (t) (as added by title I of this Act) the 
following new subsection: 

"(u) Silver Bullion Investment Product.— 

"(1) In general. — The Secretary shall strike and make 
available for sale such number of bullion coins as the Secretary 
determines to be appropriate that are exact duplicates of the 
quarter dollars issued under subsection (t), each of which 
shall— 

"(A) have a diameter of 3.0 inches and weigh 5.0 
ounces; 

"(B) contain .999 fine silver; 



200 



PUBLIC LAW 110-456— DEC. 23, 2008 122 STAT. 5043 

"(C) have incused into the edge the fineness and weight 
of the buUion coin; 

"(D) bear an inscription of the denomination of such 
coin, which shall be 'quarter dollar'; and 

"(E) not be minted or issued by the United States 
Mint as so-called 'fractional' bullion coins or in any size 
other than the size described in paragraph (A). 
"(2) Availability for sale. — Bulhon coins minted under 
paragraph (1) — 

"(A) shall become available for sale no sooner than 
the first day of the calendar year in which the circulating 
quarter dollar of which such bullion coin is a duplicate 
is issued; and 

"(B) may only be available for sale during the year 
in which such circulating quarter dollar is issued. 
"(3) Distribution. — 

"(A) In general. — In addition to the authorized dealers 
utilized by the Secretary in distributing bullion coins and 
solely for purposes of distributing bullion coins issued under 
this subsection, the Director of the National Park Service, 
or the designee of the Director, may purchase numismatic 
items issued under this subsection, but only in units of 
no fewer than 1,000 at a time, and the Director, or the 
Director's designee, may resell or repackage such numis- 
matic items as the Director determines to be appropriate. 

"(B) Resale.— The Director of the National Park 
Service, or the designee of the Director, may resell, at 
cost and without repackaging, numismatic items acquired 
by the Director or such designee under subparagraph (A) 
to any party affiliated with any national site honored by 
a quarter dollar under subsection (t) for repackaging and 
resale by such party in the same manner and to the same 
extent as such party would be authorized to engage in 
such activities under subparagraph (A) if the party were 
acting as the designee of the Director under such subpara- 
graph.". 

Approved December 23, 2008. 



legislative history— H.R. 6184: 

HOUSE REPORTS: No. 110-748 (Comm. on Financial Services). 
congressional record, Vol. 154 (2008): 

July 9, considered and passed House. 

Dec. 10, considered and passed Senate. 



o 



201 



Federal Register 

Vol. 72. No. 43 
Tuesday, March 6, 2007 



10031 



Presidential Documents 



Title 3— 

The President 



Proclamation 8112 of February 28, 2007 

Amending Proclamation 8031 of June 15, 2006, To Read, 
"Establishment of the Papahanaumokuakea Marine National 
Monument" 



[FR Doc. 07-1077 
Filed 3-5-07; 8:58 am] 
Billing code 3195-01-P 



By the President of the United States of America 

A Proclamation 

WHEREAS Proclamation 8031 of June 15, 2006, established the Northwestern 
Hawaiian Islands Marine National Monument; 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 
of America, by the authority vested in me by the Constitution and the 
laws of the United States, including section 2 of the Act of June 8, 1906 
(34 Stat. 225, 16 U.S.C. 431), do amend Proclamation 8031 for the purpose 
of giving the monument a Native Hawaiian name £ind making the following 
conforming changes and corrections; 

Section 1. The title of Proclamation 8031 is amended to read, "Establishment 
of the Papahanaumokuakea Marine National Monument". 

Sec. 2. The phrase Northwestern Hawaiian Islands Marine National Monu- 
ment is amended to read Papahanaumokuakea Marine National Monument, 
wherever it appears in Proclamation 8031. 

Sec. 3. Under Findings, Additional Findings for Native Hawaiian Practice 
Permits, 2(e) is amended to read: Any living monument resource harvested 
from the monument will be consumed or utilized in the monument. 

Sec. 4. The title of the map of the Monument accompanying Proclamation 
8031 is amended to read, "Papahanaumokuakea Marine National Monument" 
and the word "Sanctuary" in the map is deleted wherever it appears and 
the word "Monument" is inserted in lieu thereof. 




202 



Federal Register 

Vol. 73, No. 238 

Wednesday. December 10, 2008 



75293 



Presidential Documents 



Title 3— 

The President 



Proclamation 8327 of December 5, 2008 

Establishment of the World War II Valor In the Pacific Na- 
tional Monument 



By the President of the United States of America 
A Proclamation 

Beginning at Pearl Harbor with the day of infamy that saw the sinking 
of the USS ARIZONA and ending on the deck of the USS MISSOURI 
in Tokyo Bay, many of the key battles of World War II were waged on 
and near American shores and throughout the Pacific. We must always 
remember the debt we owe to the members of the Greatest Generation 
for our liberty. Their gift is an enduring peace that transformed enemies 
into steadfast allies in the cause of democracy and freedom around the 
globe. 

Americans will never forget the harrowing sacrifices made in the Pacific 
by soldiers and civilians that began at dawn on December 7, 1941, at 
Pearl Harbor on the island of Oahu. The surprise attack killed more than 
2,000 American military personnel and dozens of civilians and thrust the 
United States fully into World War II. 

America responded and mobilized our forces to fight side-by-side with our 
allies in the European, Atlantic, and Pacific theaters. The United States 
Navy engaged in epic sea battles, such as Midway, and our Armed Forces 
fought extraordinary land battles for the possession of occupied islands. 
These battles led to significant loss of life for both sides, as well as for 
the island's native peoples. Battlegrounds such as Guadalcanal, Tarawa, 
Saipan, Guam, Peleliu, the Philippines, Iwo Jima, and Okinawa are remem- 
bered for the heroic sacrifices and valor displayed there. 

The conflict raged as far north as the Alaskan territory. The United States 
ultimately won the encounter in the Aleutian Island chain but not without 
protracted and costly battles. 

There were also sacrifices on the home front. Tens of millions of Americans 
rallied to support the war effort, often at great personal cost. Men and 
women of all backgrounds were called upon as industrial workers, volunteers, 
and civil servants. Many Americans valiantly supported the war effort even 
as they struggled for their own civil rights. 

In commemoration of this pivotal period in our Nation's history, the World 
War II Valor in the Pacific National Monument adds nine historic sites 
to our national heritage of monuments and memorials representing various 
aspects of the war in the Pacific. 

Five of those sites are in the Pearl Harbor area, which is the home of 
both the USS ARIZONA and the USS MISSOURI— milestones of the Pacific 
campaign that mark the beginning and the end of the war. The sites in 
this area include: the USS ARIZONA Memorial and Visitor Center, the 
USS UTAH Memorial, the USS OKLAHOMA Memorial, the six Chief Petty 
Officer Bungalows on Ford Island, and mooring quays F6, F7, and F8, 
which constituted part of Battleship Row. The USS ARIZONA and USS 
UTAH vessels will not be designated as part of the national monument, 
but instead will be retained by the Department of Defense (through the 
Department of the Navy) as the final resting place for those entombed 
there. 



203 



75294 Federal Register /Vol. 73. No. 238 /Wednesday, December 10, 2008 / Presidential Documents 

Three sites are located in Alaska's Aleutian Islands. The first is the crash 
site of a Consolidated B-24D Liberator bomber — an aircraft of a type that 
played a highly significant role in World War II — located on Atka Island. 
The second is the site of Imperial Japan's occupation of Kiska Island, begin- 
ning in June 1942, which marks the northern limit of Imperial Japan's 
expansion in the Pacific. The Kiska site includes historic relics such as 
Imperial Japanese coastal and antiaircraft defenses, camps, roads, an airfield, 
a submarine base, a seaplane base, and other installations, as well as the 
remains of Allied defenses, including runway facilities and gun batteries. 

The third Aleutian designation is on Attu Island, the site of the only land 
battle fought in North America during World War II. It still retains the 
scars of the battle: thousands of shell and bomb craters in the tundra; 
Japanese trenches, foxholes, and gun encampments; American ammunition 
magazines and dumps; and spent cartridges, shrapnel, and shells located 
at the scenes of heavy fighting. Attu later served as a base for bombing 
missions against Japanese holdings. 

The last of the nine designations will bring increased understanding of 
the high price paid by some Americans on the home front. The Tule Lake 
Segregation Center National Historic Landmark and nearby Camp Tule Lake 
in California were both used to house Japanese-Americans relocated from 
the west coast of the United States. They encompass the original segregation 
center's stockade, the War Relocation Authority Motor Pool, the Post Engi- 
neer's Yard and Motor Pool, a small part of the Military Police Compound, 
several historic structures used by internees and prisoners of war at Camp 
Tule Lake, and the sprawling landscape that forms the historic setting. 

WHEREAS much of the Federal property within the World War II Valor 
in the Pacific National Monument is easily accessible to visitors from around 
the world; 

WHEREAS the Secretary of the Interior should be authorized and directed 
to interpret the broader story of World War II in the Pacific in partnership 
with the Department of Defense, the States of Hawaii, Alaska, and California, 
and other governmental and non-profit organizations; 

WHEREAS the World War II Valor in the Pacific National Monument will 
promote understanding of related resources, encourage continuing research, 
present interpretive opportunities and programs for visitors to better under- 
stand and honor the sacrifices borne by the Greatest Generation, and tell 
the story from Pearl Harbor to Peace; 

WHEREAS section 2 of the Act of June 8. 1906 (34 Stat. 225, 16 U.S.C. 
431) (the "Antiquities Act") authorizes the President, in his discretion, to 
declare by public proclamation historic landmarks, historic and prehistoric 
structures, and other objects of historic or scientific interest that are situated 
upon lands owned or controlled by the Government of the United States 
to be national monuments, and to reserve as a part thereof parcels of land, 
the limits of which in all cases shall be confined to the smallest area 
compatible with the proper care and management of the objects to be pro- 
tected; 

WHEREAS it is in the public interest to preserve the areas described above 
and on the attached maps as the World War II Valor in the Pacific National 
Monument; 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 
of America, by the authority vested in me by section 2 of the Act of 
June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are 
hereby set apart and reserved as the World War II Valor in the Pacific 
National Monument for the purpose of protecting the objects described above, 
all lands and interests in lands owned or controlled by the Government 
of the United States within the boundaries described on the accompanying 
' maps, which are attached and form a part of this proclamation. The Federal 

lands and interests in land reserved consist of approximately 6,310 acres, 

204 



Federal Register /Vol. 73. No. 238 /Wednesday. December 10. 2008 /Presidential Documents 75295 

which is the smallest area compatible with the proper ceire and management 
of the objects to be protected. 

All Federal lands and interests in lands within the boundaries of this monu- 
ment are hereby appropriated and withdrawn from all forms of entry, loca- 
tion, selection, sale, leasing, or other disposition under the public land 
laws, including, but not limited to, withdrawal from location, entry, and 
patent under mining laws, and from disposition under all laws relating 
to mineral and geothermal leasing. 

Management of the National Monument 

The Secretary of the Interior shall manage the monument through the Na- 
tional Park Service and the U.S. Fish and Wildlife Service, pursuant to 
applicable legal authorities, to implement the purposes of this proclamation. 
The National Park Service shall generally administer the national monument, 
except that the U.S. Fish and Wildlife Service shall administer the portions 
of the national monument that are within a national wildlife refuge. The 
National Park Service and the U.S. Fish and Wildlife Service may prepare 
an agreement to share, consistent with applicable laws, whatever resources 
are necessary to properly manage the monument. 

For the purposes of preserving, interpreting, and enhancing public under- 
standing and appreciation of the national monument and the broader story 
of World War II in the Pacific, the Secretary of the Interior, in consultation 
with the Secretary of Defense, shall prepare a management plan within 
3 years of the date of this proclamation. 

The Secretary of the Interior shall have management responsibility for the 
monument sites and facilities in Hawaii within the boundaries designated 
on the accompanying maps to the extent necessary to implement this procla- 
mation, including the responsibility to maintain and repair the Chief Petty 
Officer Bungalows and other monument facilities. The Department of Defense 
may retain the authority to control access to those sites. The Department 
of the Interior through the National Park Service and the Department of 
the Navy may execute an agreement to provide for the operational needs 
and responsibilities of each Department in implementing this proclamation. 

Armed Forces Actions 

1 . The prohibitions required by this proclamation shall not restrict activities 
and exercises of the Armed Forces (including those carried out by the 
United States Coast Guard). 

2. All activities and exercises of the Armed Forces shall be carried out 
in a manner that avoids, to the extent practicable and consistent with oper- 
ational requirements, adverse impacts on monument resources and qualities. 

3. In the event of threatened or actual destruction of, loss of, or injury 
to a monument resource or quality resulting from an incident, including 
but not limited to spills and groundings, caused by a component of the 
Department of Defense or any other Federal agency, the cognizant component 
shall promptly coordinate with the Secretary of the Interior for the purpose 
of taking appropriate actions to respond to and mitigate the harm and, 
if possible, restore or replace the monument resource or quality. 

4. Nothing in this proclamation or any regulation implementing it shall 
limit or otherwise affect the Armed Forces' discretion to use, maintain, 
improve, or manage any real property under the administrative control of 
a Military Department or otherwise limit the availability of such real property 
for military mission purposes. 

The establishment of this monument is subject to valid existing rights. 

Nothing in this proclamation shall be deemed to revoke any existing with- 
drawal, reservation, or appropriation; however, the national monument shall 
be the dominant reservation. 

205 



75296 Federal Register /Vol. 73. No. 238 /Wednesday. December 10, 2008 / Presidential Documents 

Nothing in this proclamation shall alter the authority of any Federal agency 
to take action in the monument area where otherwise authorized under 
applicable legal authorities, except as provided by this proclamation. 

Warning is hereby given to all unauthorized persons not to appropriate, 
injure, destroy, or remove any feature of this monument and not to locate 
or settle upon any lands thereof. 

IN WITNESS WHEREOF. I have hereunto set my hand this fifth day of 
December, in the year of our Lord two thousand eight, and of the Independ- 
ence of the United States of America the two hundred and thirty-third. 




i 



206 



Federal Register/ Vol. 73, No. 238 /Wednesday, December 10, 2008 / Presidential Documents 75297 



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(FR Doc. E8-29344 
Filed 12-9-08: 8:45 am] 
BiUing code 4310-10-C 



214 



Federal Register 

Vol. 72, No. 14 

Tuesday, January 23. 2007 



2763 



Presidential Documents 



Title 3— 

The President 



Executive Order 13422 of January 18, 2007 

Further Amendment to Executive Order 12866 on Regulatory 
Planning and Review 



By the authority vested in me as President by the Constitution and laws 
of the United States of America, it is hereby ordered that Executive Order 
12866 of September 30, 1993, as amended, is further amended as follows: 
Section 1. Section 1 is amended as follows: 

(a) Section 1(b)(1) is amended to read as follows: 

"(1) Each agency shall identify in writing the specific market failure 
(such as externalities, market power, lack of information) or other specific 
problem that it intends to address (including, where applicable, the failures 
of public institutions) that warrant new agency action, as well as assess 
the significance of that problem, to enable assessment of whether any 
new regulation is warranted." 

(b) by inserting in section 1(b)(7) after "regulation" the words "or guidance 
document". 

(c) by inserting in section l(b)(10) in both places after "regulations" the 
words "and guidance documents". 

(d) by inserting in section l(b)(ll) after "its regulations" the words "and 
guidance documents". 

(e) by inserting in section l(b)(12) after "regulations" the words "and 
guidance documents". 

Sec. 2, Section 2 is amended as follows: 

(a) by inserting in section 2(a) in both places after "regulations" the 
words "and guidance documents". 

(b) by inserting in section 2(b) in both places after "regulations" the 
words "and guidance documents". 

Sec. 3. Section 3 is amended as follows: 

(a) by striking in section 3(d) "or 'rule' " after " 'Regulation' "; 

(b) by striking in section 3(d)(1) "or rules" after "Regulations"; 

(c) by striking in section 3(d)(2) "or rules" after "Regulations"; 

(d) by striking in section 3(d)(3) "or rules" after "Regulations"; 

(e) by striking in section 3(e) "rule or" from "final rule or regulation"; 

(f) by striking in section 3(f) "rule or" from "rule or regulation"; 

(g) by inserting after section 3(f) the following: 

"(g) "Guidance document" means an agency statement of general ap- 
plicability and future effect, other than a regulatory action, that sets 
forth a policy on a statutory, regulatory, or technical issue or an inter- 
pretation of a statutory or regulatory issue. 

(h) "Significant guidance document" — 
(1) Means a guidance document disseminated to regulated entities or 
the general public that, for purposes of this order, may reasonably 
be anticipated to: 



215 



2764 Federal Register/ Vol. 72, No. 14 /Tuesday, January 23, 2007 /Presidential Documents 

(A) Lead to an annual effect of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, pro- 
ductivity, competition, jobs, the environment, public health or safe- 
ty, or State, local, or tribal governments or communities; 

(B) Create a serious inconsistency or otherwise interfere with an ac- 
tion taken or planned by another agency; 

(C) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights or obligations of recipients 
thereof; or 

(D) Raise novel legal or policy issues arising out of legal mandates, 
the President's priorities, or the principles set forth in this Execu- 
tive order; and (2) Does not include: 

(A) Guidance documents on regulations issued in accordance with 
the formal rulemaking provisions of 5 U.S.C. 556, 557; 

(B) Guidance documents that pertain to a military or foreign affairs 
function of the United States, other than procurement regulations 
and regulations involving the import or export of non-defense arti- 
cles and services; 

(C) Guidance documents on regulations that are limited to agency 
organization, management, or personnel matters; or 

(D) Any other category of guidance documents exempted by the Ad- 
ministrator of OIRA." 

Sec. 4. Section 4 is amended as follows: 

(a) Section 4(a) is amended to read as follows: "The Director may convene 
a meeting of agency heads and other government personnel as appropriate 
to seek a common understanding of priorities and to coordinate regulatory 
efforts to be accomplished in the upcoming year." 

(b) The last sentence of section 4(c)(1) is amended to read as follows: 
"Unless specifically authorized by the head of the agency, no rulemaking 
shall commence nor be included on the Plan without the approval of 
the agency's Regulatory Policy Office, and the Plan shall contain at a 
minimum:". 

(c) Section 4(c)(1)(B) is amended by inserting "of each rule as well as 
the agency's best estimate of the combined aggregate costs and benefits 
of all its regulations planned for that calendar year to assist with the 
identification of priorities" after "of the anticipated costs and benefits". 

(d) Section 4(c)(1)(C) is amended by inserting ", emd specific citation 
to such statute, order, or other legal authority" after "court order". 

Sec. 5. Section 6 is amended as follows: 

(a) by inserting in section 6(a)(1) "In consultation with OIRA, each agency 
may also consider whether to utilize formal rulemaking procedures under 
5 U.S.C. 556 and 557 for the resolution of complex determinations" after 
"comment period of not less than 60 days." 

(b) by amending the first sentence of section 6(a)(2) to read as follows: 
"Within 60 days of the date of this Executive order, each agency head 
shall designate one of the agency's Presidential Appointees to be its Regu- 
latory Policy Officer, advise 0MB of such designation, and annually update 
0MB on the status of this designation." 

Sec. 6. Sections 9-11 are redesignated respectively as sections 10-12. 

Sec. 7. After section 8, a new section 9 is inserted as follows: 
"Sec. 9. Significant Guidance Documents. Each agency shall provide 
OIRA, at such times and in the manner specified by the Administrator 
of OIRA, with advance notification of any significant guidance docu- 
ments. Each agency shall take such steps as are necessary for its Reg- 
ulatory Policy Officer to ensure the agency's compliance with the re- 
quirements of this section. Upon the request of the Administrator, for 
each matter identified as, or determined by the Administrator to be, 
a significant guidance document, the issuing agency shall provide to 

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Federal Register/ Vol. 72, No. 14 /Tuesday, January 23, 2007 /Presidential Documents 2765 

OIRA the content of the draft guidance document, together with a 
brief explanation of the need for the guidance document and how it 
will meet that need. The OIRA Administrator shall notify the agency 
when additional consultation will be required before the issuance of 
the significant guidance document." 
Sec. 8. Newly designated section 10 is amended to read as follows: 

"Sec. 10. Preservation of Agency Authority. Nothing in this order shall 
be construed to impair or otherwise affect the authority vested by law 
in an agency or the head thereof, including the authority of the Attor- 
ney General relating to litigation." 




THE WHITE HOUSE, 
January 18, 2007. 



[FR Doc. 07-293 

Filed 1-22-07; 8:45 am) 

Billing code 3195-01-P 



217 



Federal Register 

Vol. 72, No. 17 

Friday, January 26, 2007 



3919 



Presidential Documents 



Title 3— 

The President 



Executive Order 13423 of January 24, 2007 

Strengthening Federal Environmental, Energy, and Transpor- 
tation Management 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and to strengthen the environmental, 
energy, and transportation management of Federal agencies, it is hereby 
ordered as follows: 

Section 1, Policy. It is the policy of the United States that Federal agencies 
conduct their environmental, transportation, and energy-related activities 
under the law in support of their respective missions in an environmentally, 
economically and fiscally sound, integrated, continuously improving, effi- 
cient, and sustainable manner. 

Sec. 2. Goals for Agencies. In implementing the policy set forth in section 
1 of this order, the head of each agency shall: 

(a) improve energy efficiency and reduce greenhouse gas emissions of the 
agency, through reduction of energy intensity by (i) 3 percent annually 
through the end of fiscal year 2015, or (ii) 30 percent by the end of fiscal 
year 2015, relative to the baseline of the agency's energy use in fiscal 
year 2003; 

(b) ensure that (i) at least half of the statutorily required renewable energy 
consumed by the agency in a fiscal year comes from new renewable sources, 
and (ii) to the extent feasible, the agency implements renewable energy 
generation projects on agency property for agency use; 

(c) beginning in FY 2008, reduce water consumption intensity, relative to 
the baseline of the agency's water consumption in fiscal year 2007, through 
life-cycle cost-effective measures by 2 percent annually through the end 
of fiscal year 2015 or 16 percent by the end of fiscal year 2015; 

(d) require in agency acquisitions of goods and services (i) use of sustainable 
environmental practices, including acquisition of biobased, environmentally 
preferable, energy-efficient, water-efficient, and recycled-content products, 
and (ii) use of paper of at least 30 percent post-consumer fiber content; 

(e) ensure that the agency (i) reduces the quantity of toxic and hazardous 
chemicals and materials acquired, used, or disposed of by the agency, (ii) 
increases diversion of solid waste as appropriate, and (iii) maintains cost- 
effective waste prevention and recycling programs in its facilities; 

(f) ensure that (i) new construction and major renovation of agency buildings 
comply with the Guiding Principles for Federal Leadership in High Perform- 
ance and Sustainable Buildings set forth in the Federal Leadership in High 
Performance and Sustainable Buildings Memorandum of Understanding 
(2006), and (ii) 15 percent of the existing Federal capital asset building 
inventory of the agency as of the end of fiscal year 2015 incorporates 
the sustainable practices in the Guiding Principles; 

(g) ensure that, if the agency operates a fleet of at least 20 motor vehicles, 
the agency, relative to agency baselines for fiscal year 2005, (i) reduces 
the fleet's total consumption of petroleum products by 2 percent annually 
through the end of fiscal year 2015, (ii) increases the total fuel consumption 
that is non-petroleum-based by 10 percent annually, and (iii) uses plug- 
in hybrid (PIH) vehicles when PIH vehicles are commercially available at 



218 



3920 Federal Register/ Vol. 72, No. 17 /Friday, January 26, 2007 /Presidential Documents 

a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH 
vehicles; and 

(h) ensure that the agency (i) when acquiring an electronic product to 
meet its requirements, meets at least 95 percent of those requirements with 
an Electronic Product Environmental Assessment Tool (EPEAT)-registered 
electronic product, unless there is no EPEAT standard for such product, 
(ii) enables the Energy Star feature on agency computers and monitors, 
(iii) establishes and implements policies to extend the useful life of agency 
electronic equipment, and (iv) uses environmentally sound practices with 
respect to disposition of agency electronic equipment that has reached the 
end of its useful life. 

Sec. 3, Duties of Heads of Agencies. In implementing the policy set forth 
in section 1 of this order, the head of each agency shall: 

(a) implement within the agency sustainable practices for (i) energy efficiency, 
greenhouse gas emissions avoidance or reduction, and petroleum products 
use reduction, (ii) renewable energy, including bioenergy, (iii) water conserva- 
tion, (iv) acquisition, (v) pollution and waste prevention and recycling, 
(vi) reduction or elimination of acquisition and use of toxic or hazardous 
chemicals, (vii) high performance construction, lease, operation, and mainte- 
nance of buildings, (viii) vehicle fleet management, and (ix) electronic equip- 
ment management; 

(b) implement within the agency environmental management systems (EMS) 
at all appropriate organizational levels to ensure (i) use of EMS as the 
primary management approach for addressing environmental aspects of inter- 
nal agency operations and activities, including environmental aspects of 
energy and transportation functions, (ii) establishment of agency objectives 
and targets to ensure implementation of this order, and (iii) collection, 
analysis, and reporting of information to measure performance in the imple- 
mentation of this order; 

(c) establish within the agency programs for (i) environmental management 
training, (ii) environmental compliance review and audit, and (iii) leadership 
awards to recognize outstanding environmental, energy, or transportation 
management performance in the agency; 

(d) within 30 days after the date of this order (i) designate a senior civilian 
officer of the United States, compensated annually in an amount at or 
above the amount payable at level IV of the Executive Schedule, to be 
responsible for implementation of this order within the agency, (ii) report 
such designation to the Director of the Office of Management and Budget 
and the Chairman of the Council on Environmental Quality, and (iii) assign 
the designated official the authority and duty to (A) monitor and report 
to the head of the agency on agency activities to carry out subsections 
(a) and (b) of this section, and (B) perform such other duties relating to 
the implementation of this order within the agency as the head of the 
agency deems appropriate; 

(e) ensure that contracts entered into after the date of this order for contractor 
operation of government-owned facilities or vehicles require the contractor 
to comply with the provisions of this order with respect to such facilities 
or vehicles to the same extent as the agency would be required to comply 
if the agency operated the facilities or vehicles; 

(f) ensure that agreements, permits, leases, licenses, or other legally-binding 
obligations between the agency and a tenant or concessionaire entered into 
after the date of this order require, to the extent the head of the agency 
determines appropriate, that the tenant or concessionaire take actions relating 
to matters within the scope of the contract that facilitate the agency's compli- 
ance with this order; 

(g) provide reports on agency implementation of this order to the Chairman 
of the Council on such schedule and in such format as the Chairman 
of the Council may require; and 

219 



Federal Register/Vol. 72, No. 17/Friday, January 26, 2007 /Presidential Documents 3921 

(h) provide information and assistance to the Director of the Office of Manage- 
ment and Budget, the Chairman of the Council, and the Federal Environ- 
mental Executive. 

Sec. 4. Additional Duties of the Chairman of the Council on Environmental 
Quality. In implementing the policy set forth in section 1 of this order, 
the Chairman of the Council on Environmental Quality: 

(a) (i) shall establish a Steering Committee on Strengthening Federal Environ- 
mental, Energy, and Transportation Management to advise the Director of 
the Office of Management and Budget and the Chairman of the Council 
on the performance of their functions under this order that shall consist 
exclusively of (A) the Federal Environmental Executive, who shall chair, 
convene and preside at meetings of, determine the agenda of, and direct 
the work of, the Steering Committee, and (B) the senior officials designated 
under section 3{d)(i) of this order, and (ii) may establish subcommittees 
of the Steering Committee, to assist the Steering Committee in developing 
the advice of the Steering Committee on particular subjects; 

(b) may, after consultation with the Director of the Office of Management 
and Budget and the Steering Committee, issue instructions to implement 
this order, other than instructions within the authority of the Director to 
issue under section 5 of this order; and 

(c) shall administer a presidential leadership award program to recognize 
exceptional and outstanding environmental, energy, or transportation man- 
agement performance and excellence in agency efforts to implement this 
order. 

Sec. 5. Duties of the Director of the Office of Management and Budget. 
In implementing the policy set forth in section 1 of this order, the Director 
of the Office of Management and Budget shall, after consultation with the 
Chairman of the Council and the Steering Committee, issue instructions 
to the heads of agencies concerning: 

(a) periodic evaluation of agency implementation of this order; 

(b) budget and appropriations matters relating to implementation of this 
order; 

(c) implementation of section 2(d) of this order; and 

(d) amendments of the Federal Acquisition Regulation as necessary to imple- 
ment this order. 

Sec. 6. Duties of the Federal Environmental Executive. A Federal Environ- 
mental Executive designated by the President shall head the Office of the 
Federal Environmental Executive, which shall be maintained in the Environ- 
mental Protection Agency for funding and administrative purposes. In imple- 
menting the policy set forth in section 1 of this order, the Federal Environ- 
mental Executive shall: 

(a) monitor, and advise the Chairman of the Council on, performance by 
agencies of functions assigned by sections 2 and 3 of this order; 

(b) submit a report to the President, through the Chairman of the Council, 
not less often than once every 2 years, on the activities of agencies to 
implement this order; and 

(c) advise the Chairman of the Council on the Chairman's exercise of authority 
granted by subsection 4(c) of this order. 

Sec. 7. Limitations, (a) This order shall apply to an agency with respect 
to the activities, personnel, resources, and facilities of the agency that are 
located within the United States. The head of an agency may provide that 
this order shall apply in whole or in part with respect to the activities, 
personnel, resources, and facilities of the agency that are not located within 
the United States, if the head of the agency determines that such application 
is in the interest of the United States. 

220 



3922 Federal Register/ Vol. 72, No. 17/Friday, January 26, 2007 /Presidential Documents 

(b) The head of an agency shall manage activities, personnel, resources, 
and facilities of the agency that are not located within the United States, 
and with respect to which the head of the agency has not made a determina- 
tion under subsection (a) of this section, in a manner consistent with the 
policy set forth in section 1 of this order to the extent the head of the 
agency determines practicable. 

Sec. 8. Exemption Authority, (a) The Director of National Intelligence may 
exempt an intelligence activity of the United States, and related personnel, 
resources, and facilities, from the provisions of this order, other than this 
subsection and section 10, to the extent the Director determines necessary 
to protect intelligence sources and methods from unauthorized disclosure. 

(b) The head of an agency may exempt law enforcement activities of that 
agency, and related personnel, resources, and facilities, from the provisions 
of this order, other than this subsection and section 10, to the extent the 
head of an agency determines necessary to protect undercover operations 
from unauthorized disclosure. 

(c) (i) The head of an agency may exempt law enforcement, protective, 
emergency response, or military tactical vehicle fleets of that agency from 
the provisions of this order, other than this subsection and section 10. 

(ii) Heads of agencies shall manage fleets to which paragraph (i) of this 
subsection refers in a manner consistent with the policy set forth in section 
1 of this order to the extent they determine practicable. 

(d) The head of an agency may submit to the President, through the Chairman 
of the Council, a request for an exemption of an agency activity, and related 
personnel, resources, and facilities, from this order. 

Sec. 9. Definitions. As used in this order: 

(a) "agency" means an executive agency as defined in section 105 of title 
5, United States Code, excluding the Government Accountability Office; 

(b) "Chairman of the Council" means the Chairman of the Council on 
Environmental Quality, including in the Chairman's capacity as Director 
of the Office of Environmental Quality; 

(c) "Council" means the Council on Environmental Quality; 

(d) "environmental" means environmental aspects of internal agency oper- 
ations and activities, including those environmental aspects related to energy 
and transportation functions; 

(e) "greenhouse gases" means carbon dioxide, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride; 

(f) "life-cycle cost-effective" means the life-cycle costs of a product, project, 
or measure are estimated to be equal to or less than the base case (i.e., 
current or standard practice or product); 

(g) "new renewable sources" means sources of renewable energy placed 
into service after January 1, 1999; 

(h) "renewable energy" means energy produced by solar, wind, biomass, 
landfill gas, ocean (including tidal, wave, current and thermal), geothermal, 
municipal solid waste, or new hydroelectric generation capacity achieved 
from increased efficiency or additions of new capacity at an existing hydro- 
electric project; 

(i) "energy intensity" means energy consumption per square foot of building 
space, including industrial or laboratory facilities; 

(j) "Steering Committee" means the Steering Committee on Strengthening 
Federal Environmental, Energy, and Transportation Management established 
under subsection 4(b) of this order; 

(k) "sustainable" means to create and maintain conditions, under which 
humans and nature can exist in productive harmony, that permit fulfilling 

221 



Federal Register/ Vol. 72, No. 17 /Friday, January 26, 2007 /Presidential Documents 3923 

the social, economic, and other requirements of present and future genera- 
tions of Americans; and 

(1) "United States" when used in a geographical sense, means the fifty 
states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and the Northern Mariana 
Islands, and associated territorial waters and airspace. 

Sec. 10. General Provisions, (a) This order shall be implemented in a manner 
consistent with applicable law and subject to the availability of appropria- 
tions. 

(b) Nothing in this order shall be construed to impair or otherwise affect 
the functions of the Director of the Office of Management and Budget relating 
to budget, administrative, or legislative proposals. 

(c) This order is intended only to improve the internal management of 
the Federal Government and is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or in equity 
by a party against the United States, its departments, agencies, instrumental- 
ities, entities, officers, employees or agents, or any other person. 

Sec. 11. Revocations; Conforming Provisions, (a) The following are revoked: 

"* (i) Executive Order 13101 of September 14, 1998; 

(ii) Executive Order 13123 of June 3, 1999; 

(iii) Executive Order 13134 of August 12, 1999, as amended; 

(iv) Executive Order 13148 of April 21, 2000; and 

(v) Executive Order 13149 of April 21, 2000. 

(b) In light of subsection 317(e) of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107), not later than January 1 of 
each year through and including 2010, the Secretary of Defense shall submit 
to the Senate and the House of Representatives a report regarding progress 
made towcird achieving the energy efficiency goals of the Department of 
Defense. 

(c) Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, is amended 
by striking "Executive Order 13148 of April 21, 2000" and inserting in 
lieu thereof "other executive orders". 



(FR Doc. 07-374 

Filed 1-25-07; 8:50 amj 

Billing code 3195-01-P 




THE WHITE HOUSE, 
January 24, 2007. 



Ill 



Federal Register/ Vol. 72, No. 19 /Tuesday, January 30, 2007 /Presidential Documents 4409 

Presidential Documents 



Executive Order 13424 of January 26, 2007 

Further Amendment to Executive Order 13285, Relating to 
the President's Council on Service and Civic Participation 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in order to extend the President's 
Council on Service and Civic Participation, it is hereby ordered that Executive 
Order 13285 of January 29, 2003, as amended, is further amended by revising 
section 4(b) to read as follows: "(b) Unless further extended by the President, 
this order shall expire on November 30, 2008." 




THE WHITE HOUSE, 
January 26, 2007. 



(FR Doc. 07-419 

Filed 1-29-07; 8:45 am) 

Billing code 3195-01-P 



223 



Federal Register 

Vol. 72, No. 45 
Thursday. March 8, 2007 



10589 



Presidential Documents 



Title 3— 

The President 



Executive Order 13426 of March 6, 2007 

Establishing a Commission on Care for America's Returning 
Wounded Warriors and a Task Force on Returning Global 
War on Terror Heroes 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and to provide a comprehensive 
review of the care provided to America's returning Global War on Terror 
service men and women from the time they leave the battlefield through 
their return to civilian life, it is hereby ordered as follows: 

Section 1, Establishment of Commission. There is established the President's 
Commission on Care for America's Returning Wounded Warriors (Commis- 
sion). 

Sec. 2. Membership of Commission. The Commission shall be composed 
of nine members appointed by the President. The President shall designate 
two Co-Chairs from among the members of the Commission. 

Sec. 

to: 



3. Mission of Commission. The mission of the Commission shall be 



(a) examine the effectiveness of returning wounded service members' transi- 
tion from deployment in support of the Global War on Terror to successful 
return to productive military service or civilian society, and recommend 
needed improvements; 

(b) evaluate the coordination, management, and adequacy of the delivery 
of health care, disability, traumatic injury, education, employment, and other 
benefits and services to returning wounded Global War on Terror service 
members by Federal agencies as well as by the private sector, and recommend 
ways to ensure that programs provide high-quality services; 

(c) (i) analyze the effectiveness of existing outreach to service members 
regarding such benefits and services, and service members' level of awareness 
of and ability to access these benefits and services, and (ii) identify ways 
to reduce barriers to and gaps in these benefits and services; and 

(d) consult with foundations, veterans service organizations, non-profit 
groups, faith-based organizations, and others as appropriate, in performing 
the Commission's functions under subsections (a) through (c) of this section. 

Sec. 4. Administration of Commission. 

(a) The Secretary of Defense shall, to the extent permitted by law, provide 
administrative support and funding for the Commission. To the extent per- 
mitted by law, office space, analytical support, and staff support for the 
Commission shall be provided by the Department of Defense. 

(b) Members of the Commission shall serve without any compensation for 
their work on the Commission. Members of the Commission appointed from 
among private citizens of the United States, while engaged in the work 
of the Commission, may be allowed travel expenses, including per diem 
in lieu of subsistence, as authorized by law for persons serving intermittently 
in Government service (5 U.S.C. 5701-5707), consistent with the availability 
of funds. 

(c) The Co-Chairs of the Commission shall select an Executive Director 
to coordinate administration of the Commission. 



224 



10590 Federal Register/ Vol. 72, No. 45 /Thursday, March 8, 2007 /Presidential Documents 



(d) The heads of executive branch departments and agencies shall, to the 
extent permitted by law, provide the Commission with information as re- 
quested by the Co-Chairs. 

(e) The Co-Chairs of the Commission shall convene and preside at the 
meetings of the Commission, determine its agenda, and direct its work. 

(f) The functions of the President under the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.)(Act), except for those in section 6 of 
that Act, that are applicable to the Commission, shall be performed by 
the Secretary of Defense, in accordance with the guidelines that have been 
issued by the Administrator of General Services. 

Sec. 5. Report of Commission. The Commission shall report its recommenda- 
tions to the President through the Secretary of Defense and the Secretary 
of Veterans Affairs. The Commission shall issue a final report by June 
30, 2007, unless the Co-Chairs provide written notice to the President that 
an extension is necessary, in which case the Commission shall issue the 
final report by July 31, 2007. 

Sec. 6. Termination of Commission. The Commission shall terminate 30 
days after submitting its final report, unless extended by the President 
prior to that date. 

Sec. 7. Establishment of Task Force. The Secretary of Veterans Affairs (Sec- 
retary) shall establish within the Department of Veterans Affairs for adminis- 
trative purposes only an Interagency Task Force on Returning Global War 
on Terror Heroes (Task Force). 

Sec. 8. Membership and Operation of Task Force. The Task Force shall 
consist exclusively of the following members, or their designees who shall 
be at the Under Secretary level (or its equivalent) or higher: 

(a) the Secretary of Veterans Affairs, who shall serve as Chair; 

(b) the Secretary of Defense; 

(c) the Secretary of Labor; 

(d) the Secretary of Health and Human Services; 

(e) the Secretary of Housing and Urban Development; 

(f) the Secretary of Education; 

(g) the Director of the Office of Management and Budget; 

(h) the Administrator of the Small Business Administration; and 

(i) other officers or employees of the United States, as determined by the 
Secretary. 

The Secretary or the Secretary's designee shall convene and preside at 
meetings of the Task Force and direct its work. The Secretary shall designate 
an official of the Department of Veterans Affairs to serve as the Executive 
Secretary of the Task Force, and the Executive Secretary shall head any 
staff assigned to the Task Force. 

Sec. 9. Mission of Task Force. The mission of the Task Force shall be 
to: 

(a) identify and examine existing Federal services that currently are provided 
to returning Global War on Terror service members; 

(b) identify existing gaps in such services; 

(c) seek recommendations from appropriate Federal agencies on ways to 
fill those gaps as effectively and expeditiously as possible using existing 
resources; and 

(d) (i) ensure that in providing services to these service members, appropriate 
Federal agencies are communicating and cooperating effectively, and (ii) 
facilitate the fostering of agency communications and cooperation through 
informal and formal means, as appropriate. 

225 



Federal Register /Vol. 72, No. 45 /Thursday, March 8, 2007 /Presidential Documents 10591 

Sec. 10. Administration of Task Force. The Secretary of Veterans Affairs 
shall, to the extent permitted by law, provide administrative support and 
funding for the Task Force. 

Sec. 11. Action Plan of Task Force. Consistent with applicable law, the 
Task Force shall outline a Government-wide action plan that identifies exist- 
ing Federal services for returning Global War on Terror service men and 
women and that ensures the provision of such services to those service 
members as effectively and expeditiously as possible. The Task Force shall 
submit the action plan to the President within 45 days of the date of 
this order. 

Sec. 12. Termination of Task Force. The Secretary, with the approval of 
the President, shall terminate the Task Force upon the completion of its 
duties. 

, Sec. 13. General Provisions. 

(a) Nothing in this order shall be construed to impair or otherwise affect 
(i) authority granted by law to an agency or the head thereof, or (ii) functions 
of the Director of the Office of Management and Budget relating to budget, 
administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 
subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity, against the United 
States, its departments, agencies, entities, officers, employees, agents, or 
any other person. 



(FR Doc. 07-1137 
Filed 3-7-07; 10:57 am] 
Billing code 3195-01-P 




THE WHITE HOUSE, 
March 6, 2007. 



226 



Federal Register 

Vol. 72, No. 94 
Wednesday, May 16, 2007 



27717 



Presidential Documents 



Title 3— 

The President 



Executive Order 13432 of May 14, 2007 

Cooperation Among Agencies in Protecting the Environment 
With Respect to Greenhouse Gas Emissions From Motor Ve- 
hicles, Nonroad Vehicles, and Nonroad Engines 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the United States to ensure the coordi- 
nated and effective exercise of the authorities of the President and the 
heads of the Department of Transportation, the Department of Energy, and 
the Environmental Protection Agency to protect the environment with respect 
to greenhouse gas emissions from motor vehicles, nonroad vehicles, and 
nonroad engines, in a manner consistent with sound science, analysis of 
benefits and costs, public safety, and economic growth. 

Sec. 2. Definitions. As used in this order: 

(a) "agencies" refers to the Department of Transportation, the Department 
of Energy, and the Environmental Protection Agency, and all units thereof, 
and "agency" refers to any of them; 

(b) "alternative fuels" has the meaning specified for that term in section 
301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)); 

(c) "authorities" include the Clean Air Act (42 U.S.C. 7401-7671q), the 
Energy Policy Act of 1992 (Public Law 102-486), the Energy Policy Act 
of 2005 (Public Law 109-58), the Energy Policy and Conservation Act (Public 
Law 94-163), and any other current or future laws or regulations that may 
authorize or require any of the agencies to take regulatory action that directly 
or indirectly affects emissions of greenhouse gases from motor vehicles; 

(d) "greenhouse gases" has the meaning specified for that term in Executive 
Order 13423 of January 24, 2007; 

(e) "motor vehicle" has the meaning specified for that term in section 
216(2) of the Clean Air Act (42 U.S.C. 7550(2)); 

(f) "nonroad engine" has the meaning specified for that term in section 
216(10) of the Clean Air Act (42 U.S.C. 7550(10)); 

(g) "nonroad vehicle" has the meaning specified for that term in section 
216(11) of the Clean Air Act (42 U.S.C. 7550(11)); 

(h) "regulation" has the meaning specified for that term in section 3(d) 
of Executive Order 12866 of September 30, 1993, as amended (Executive 
Order 12866); and 

(i) "regulatory action" has the meaning specified for that term in section 
3(e) of Executive Order 12866. 

Sec. 3. Coordination Among the Agencies. In carrying out the policy set 
forth in section 1 of this order, the head of an agency undertaking a regulatory 
action that can reasonably be expected to directly regulate emissions, or 
to substantially and predictably affect emissions, of greenhouse gases from 
motor vehicles, nonroad vehicles, nonroad engines, or the use of motor 
vehicle fuels, including alternative fuels, shall: 

(a) undertake such a regulatory action, to the maximum extent permitted 
by law and determined by the head of the agency to be practicable, jointly 
with the other agencies; 



227 



27718 Federal Register /Vol. 72, No. 94 / Wednesday, May 16, 2007 /Presidential Documents 

(b) in undertaking such a regulatory action, consider, in accordance with 
applicable law, information and recommendations provided by the other 
agencies; 

(c) in undertaking such a regulatory action, exercise authority vested by 
law in the head of such agency effectively, in a manner consistent with 
the effective exercise by the heads of the other agencies of the authority 
vested in them by law; and 

(d) obtain, to the extent permitted by law, concurrence or other views 
from the heads of the other agencies during the development and preparation 
of the regulatory action and prior to any key decision points during that 
development and preparation process, and in no event later than 30 days 
prior to publication of such action. 

Sec. 4. Duties of the Heads of Agencies, (a) To implement this order, the 
head of each agency shall: 

(1) designate appropriate personnel within the agency to (i) direct the agen- 
cy's implementation of this order, (ii) ensure that the agency keeps the 
other agencies and the Office of Management and Budget informed of the 
agency regulatory actions to which section 3 refers, and (iii) coordinate 
such actions with the agencies; 

(2) in coordination as appropriate with the Committee on Climate Change 
Science and Technology, continue to conduct and share research designed 
to advance technologies to further the policy set forth in section 1 of this 
order; 

(3) facilitate the sharing of personnel and the sharing of information among 
the agencies to further the policy set forth in section 1 of this order; 

(4) coordinate with the other agencies to avoid duplication of requests to 
the public for information from the public in the course of undertaking 
such regulatory action, consistent with the Paperwork Reduction Act (44 
U.S.C. 3501et seq.y, and 

(5) consult with the Secretary of Agriculture whenever a regulatory action 
will have a significant effect on agriculture related to the production or 
use of ethanol, biodiesel, or other renewable fuels, including actions under- 
taken in whole or in part based on authority or requirements in title XV 
of the Energy Policy Act of 2005, or the amendments made by such title, 
or when otherwise appropriate or required by law. 

(b) To implement this order, the heads of the agencies acting jointly may 
allocate as appropriate among the agencies administrative responsibilities 
relating to regulatory actions to which section 3 refers, such as publication 
of notices in the Federal Register and receipt of comments in response 
to notices. 

Sec. 5. Duties of the Director of the Office of Management and Budget 
and the Chairman of the Council on Environmental Quality, (a) The Director 
of the Office of Management and Budget, with such assistance from the 
Chairman of the Council on Environmental Quality as the Director may 
require, shall monitor the implementation of this order by the heads of 
the agencies and shall report thereon to the President from time to time, 
and not less often than semiannually, with any recommendations of the 
Director for strengthening the implementation of this order. 

(b) To implement this order and further the policy set forth in section 
1, the Director of the Office of Management and Budget may require the 
heads of the agencies to submit reports to, and coordinate with, such Office 
on matters related to this order. 

Sec. 6. General Provisions, (a) This order shall be implemented in accordance 
with applicable law and subject to the availability of appropriations. 

(b) This order shall not be construed to impair or otherwise affect the 
functions of the Director of the Office of Management and Budget relating 
to budget, administrative, and legislative proposals. 

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Federal Register /Vol. 72, No. 94 /Wednesday, May 16, 2007 /Presidential Documents 27719 

(c) This order is not intended to, and does not, create any right, benefit 
or privilege, substantive or procedural, enforceable at law or in equity by 
any party against the United States, its departments, agencies, instrumental- 
ities, or entities, its officers or employees, or any other person. 




THE WHITE HOUSE, 
May 14. 2007. 



IFR Doc. 07-2462 

Filed 5-15-07; 12:04 pm) 

Billing code 3195-01-P 



229 



Federal Register 

Vol. 72, No. 160 
Monday, August 20, 2007 



46537 



Presidential Documents 



Title 3— 

The President 



Executive Order 13443 of August 16, 2007 

Facilitation of Hunting Heritage and Wildlife Conservation 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Purpose. The purpose of this order is to direct Federal agencies 
that have programs and activities that have a measurable effect on public 
land management, outdoor recreation, and wildlife management, including 
the Department of the Interior and the Department of Agriculture, to facilitate 
the expansion and enhancement of hunting opportunities and the manage- 
ment of game species and their habitat. 

Sec. 2. Federal Activities. Federal agencies shall, consistent with agency 
missions: 

(a) Evaluate the effect of agency actions on trends in hunting participation 
and, where appropriate to address declining trends, implement actions that 
expand and enhance hunting opportunities for the public; 

(b) Consider the economic and recreational values of hunting in agency 
actions, as appropriate; 

(c) Manage wildlife and wildlife habitats on public lands in a manner 
that expands and enhances hunting opportunities, including through the 
use of hunting in wildlife management planning; 

(d) Work collaboratively with State governments to manage and conserve 
game species and their habitats in a manner that respects private property 
rights and State management authority over wildlife resources; 

(e) Establish short and long term goals, in cooperation with State and tribal 
governments, and consistent with agency missions, to foster healthy and 
productive populations of game species and appropriate opportunities for 
the public to hunt those species; 

(f) Ensure that agency plans and actions consider programs and recommenda- 
tions of comprehensive planning efforts such as State Wildlife Action Plans, 
the North American Waterfowl Management Plan, and other range-wide 
management plans for big game and upland game birds; 

(g) Seek the advice of State and tribal fish and wildlife agencies, and, 
as appropriate, consult with the Sporting Conservation Council and other 
organizations, with respect to the foregoing Federal activities. 

Sec. 3. North American Wildlife Policy Conference. The Chairman of the 
Council on Environmental Quality (Chairman) shall, in coordination with 
the appropriate Federal agencies and in consultation with the Sporting Con- 
servation Council and in cooperation with State and tribal fish and wildlife 
agencies and the public, convene not later than 1 year after the date of 
this order, and periodically thereafter at such times as the Chairman deems 
appropriate, a White House Conference on North American Wildlife Policy 
(Conference) to facilitate the exchange of information and advice relating 
to the means for achieving the goals of this order. 

Sec. 4. Recreational Hunting and Wildlife Resource Conservation Plan. The 
Chairman shall prepare, consistent with applicable law and subject to the 
availability of appropriations, in coordination with the appropriate Federal 
agencies and in consultation with the Sporting Conservation Council, and 
in cooperation with State and tribal fish and wildlife agencies, not later 



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46538 Federal Register/ Vol. 72, No. 160 /Monday, August 20. 2007 /Presidential Documents 

than 1 year following the conclusion of the Conference, a comprehensive 
Recreational Hunting and Wildlife Conservation Plan that incorporates exist- 
ing and ongoing activities and sets forth a 10-year agenda for fulfilling 
the actions identified in section 2 of this order. 

Sec. 5. Judicial Review. This order is not intended to, and does not, create 
any right, benefit, trust responsibility, or privilege, substantive or procedural, 
enforceable at law or in equity by any party against the United States, 
its departments, agencies, instrumentalities, or entities, its officers or employ- 
ees, or any other person. 




THE WHITE HOUSE, 
August 16, 2007. 



[FR Doc. 07-4115 

Filed 8-17-07; 10:46 am) 

Billing code 3195-01-P 



231 



Federal Register 

Vol. 72, No. 190 
Tuesday, October 2, 2007 



56165 



Presidential Documents 



Title 3— 

The President 



Executive Order 13445 of September 27, 2007 
Strengthening Adult Education 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the United States to use existing Federal 
programs that serve adults, including new Americans, to strengthen literacy 
skills, improve opportunities for postsecondary education and employment, 
and facilitate participation in American life. 

Sec. 2. Definitions. As used in this order: 

(a) "agency" means an executive agency as defined in section 105 of 
title 5, United States Code, other than the Government Accountability 
Office; and 

(b) "adult education" means teaching or instruction below the postsec- 
ondary level, for individuals who are 16 years of age or older, designed 
to provide: 

(i) mastery of basic education skills needed to function effectively in 
society; 

(ii) a secondary school diploma or its equivalent; or 

(iii) the ability to speak, read, or write the English language. 
Sec. 3. Establishment of Interagency Adult Education Working Group. The 
Secretary of Education shall establish within the Department of Education 
for administrative purposes only, an Interagency Adult Education Working 
Group (Working Group), consistent with this order. 

Sec. 4. Membership and Operation of the Working Group. 

(a) The Working Group shall consist exclusively of: 

(i) the Secretary of Education, who shall serve as Chair; 

(ii) the Secretary of the Treasury, the Attorney General, and the Secretaries 
of the Interior, Labor, Health and Human Services, Housing and Urban 
Development, and Veterans Affairs; and 

(iii) other officers or full-time or permanent part-time employees of the 
United States, as determined by the Chair, with the concurrence of the 
head of the agency concerned. 

(b) The Chair, or the Chair's designee under subsection (c) of this section, 
in implementing section 5 of this order, shall convene and preside at 
the meetings of the Working Group, determine its agenda, direct its work, 
and establish and direct subgroups of the Working Group, as appropriate 
to deal with particular subject matters, that shall consist exclusively of 
members of the Working Group or their designees under subsection (c) 
of this section. 

(c) A member of the Working Group may designate, to perform the Working 
Group or Working Group subgroup functions of the member, any person 
who is a part of the member's agency and who is either an officer of 
the United States appointed by the President or a member of the Senior 
Executive Service. 

Sec. 5. Functions of the Working Group. Consistent with the policy set 
forth in section 1 of this order, the Working Group shall: 
(a) identify Federal programs that: 



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56166 Federal Register/ Vol. 72, No. 190 /Tuesday, October 2, 2007 /Presidential Documents 

(i) focus primarily on improving the basic education skills of adults; 

(ii) have the goal of transitioning adults from basic literacy to postsecondary 
education, training, or employment; or 

(iii) constitute programs of adult education; 

(b) as appropriate, review the programs identified under subsection (a) 
of this section and submit to the heads of the agencies administering 
those programs recommendations to: 

(i) promote the transition of adults from such programs to postsecondary 
education, training, or employment; 

(ii) increase the effectiveness, efficiency, and availability of such programs; 

(iii) minimize unnecessary duplication among such programs; 

(iv) measure and evaluate the performance of such programs; and 

(v) undertake and disseminate the results of research related to such 
programs; 

(c) identify gaps in the research about effective ways to teach adult edu- 
cation for postsecondary readiness, recommend areas for further research 
to improve adult education programs and services, and identify promising 
practices in disseminating valid existing and future research findings; 
and 

(d) obtain information and advice as appropriate, in a manner that seeks 
individual advice and does not involve collective judgment or consensus 
advice or deliberation, concerning adult education from: 

(i) State, local, territorial, and tribal officials; and 

(ii) representatives of entities or other individuals; 

(e) at the request of the head of an agency, unless the Chair declines 
the request, promptly review and provide advice on a proposed action 
by that agency relating to adult education; and 

(f) report to the President, through the Assistant to the President for 
Domestic Policy, on its work, and on the implementation of any rec- 
ommendations arising from its work, at such times and in such formats 
as the Chair may specify, with the first such report to be submitted 
no later than 9 months after the date of this order. 

Sec. 6. Administration of the Working Group, (a) To the extent permitted 
by law, the Department of Education shall provide the funding and adminis- 
trative support the Working Group needs, as determined by the Chair, to 
implement this order, 
(b) The heads of agencies shall provide, as appropriate, such assistance 
and information as the Chair may request to implement this order. 
Sec. 7. General Provisions, (a) Nothing in this order shall be construed 
to impair or otherwise affect: 

(i) authority granted by law to an agency or the head thereof; or 

(ii) functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 
subject to the availability of appropriations. 



233 



Federal Register /Vol. 72, No. 190 /Tuesday, October 2, 2007 /Presidential Documents 56167 

(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity, by any party 
against the United States, its agencies or entities, its officers, employees, 
or agents, or any other person. 




THE WHITE HOUSE, 
September 27, 2007. 



[FR Doc. 07-1890 
Filed 10-1-07; 8:45 am) 
Billing code 3195-01-P 



234 



Federal Register/Vol. 72, No. 190/Tuesday. October 2, 2007 /Presidential Documents 56175 

Presidential Documents 



Executive Order 13446 of September 28, 2007 

Continuance of Certain Federal Advisory Committees and 
Amendments to and Revocation of Other Executive Orders 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and consistent with the provisions 
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it 
is hereby ordered as follows: 

Section 1. Each advisory committee listed below is continued until September 
30, 2009. 

(a) Committee for the Preservation of the White House; Executive Order 
11145, as amended (Department of the Interior). 

(b) National Infrastructure Advisory Council; section 3 of Executive Order 
13231, as amended (Department of Homeland Security). 

(c) Federal Advisory Council on Occupational Safety and Health; Executive 
Order 12196, as amended (Department of Labor). 

(d) President's Board of Advisors on Historically Black Colleges and Univer- 
sities; Executive Order 13256 (Department of Education). 

(e) President's Board of Advisors on Tribal Colleges and Universities; Execu- 
tive Order 13270 (Department of Education). 

(f) President's Commission on White House Fellowships; Executive Order 
11183, as amended (Office of Personnel Management). 

(g) President's Committee for People with Intellectual Disabilities; Executive 
Order 12994, as amended (Department of Health and Human Services). 

(h) President's Committee on the Arts and the Humanities; Executive Order 
12367, as amended (National Endowment for the Arts). 

(i) President's Committee on the International Labor Organization; Executive 
Order 12216, as amended (Department of Labor). 

(j) President's Committee on the National Medal of Science; Executive Order 
11287, as amended (National Science Foundation). 

(k) President's Council of Advisors on Science and Technology; Executive 
Order 13226, as amended (Office of Science and Technology Policy). 

(1) President's Council on Bioethics; Executive Order 13237 (Department 
of Health and Human Services). 

(m) President's Council on Physical Fitness and Sports; Executive Order 
13265 (Department of Health and Human Services). 

(n) President's Export Council; Executive Order 12131, as amended (Depart- 
ment of Commerce). 

(o) President's National Security Telecommunications Advisory Committee; 
Executive Order 12382, as amended (Department of Homeland Security). 

(p) Trade and Environment Policy Advisory Committee; Executive Order 
12905 (Office of the United States Trade Representative). 

Sec. 2. Notwithstanding the provisions of any other Executive Order, the 
functions of the President under the Federal Advisory Committee Act that 
are applicable to the committees listed in section 1 of this order shall 
be performed by the head of the department or agency designated after 

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56176 Federal Register/ Vol. 72, No. 190 /Tuesday, October 2, 2007 /Presidential Documents 

each committee, in accordance with the guidelines and procedures estab- 
lished by the Administrator of General Services. 

Sec. 3. The following Executive Order, which established a committee whose 
work has been completed, is revoked: Executive Order 13369, as amended 
by Executive Orders 13379 and 13386, establishing the President's Advisory 
Panel on Federal Tax Reform. 

Sec. 4. Sections 1 and 2 of Executive Order 13385 are superseded by sections 
1 and 2 of this order. 

Sec. 5. Executive Order 12994, as amended (President's Committee for People 
with Intellectual Disabilities) is further amended to read as follows: 

"By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to promote full 
participation of people with intellectual disabilities in their communities, 
it is hereby ordered as follows: 
"Section 1. Committee Continued and Responsibilities Expanded. The 
President's Committee on Mental Retardation, with expanded member- 
ship and expanded responsibilities, and renamed the President's Com- 
mittee for People with Intellectual Disabilities (Committee), is hereby 
continued in operation. 

"Sec. 2. Composition of Committee, (a) The Committee shall be com- 
posed of the following members: 

(1) The Attorney General; 

(2) The Secretary of the Interior; 

(3) The Secretary of Commerce; 

(4) The Secretary of Labor; 

(5) The Secretary of Health and Human Services; 

(6) The Secretary of Housing and Urban Development; 

(7) The Secretary of Transportation; 

(8) The Secretary of Education; 

(9) The Secretary of Homeland Security; 

(10) The Chief Executive Officer of the Corporation for National and 
Community Service; 

(11) The Commissioner of Social Security; 

(12) The Chairman of the Equal Employment Opportunity Commis- 
sion; 

(13) The Chairperson of the National Council on Disability; and 

(14) No more than 21 other members who shall be appointed to the 
Committee by the President. These citizen members shall consist of 
individuals who represent a broad spectrum of perspectives, experi- 
ence, and expertise on intellectual disabilities; persons with intellec- 
tual disabilities and members of families with a child or adult with 
intellectual disabilities; and persons employed in either the public or 
the private sector. Except as the President may from time to time oth- 
erwise direct, appointees under this paragraph shall serve for two-year 
terms, except that an appointment made to fill a vacancy occurring 
before the expiration of a term shall be made for the balance of the 
unexpired term. 

"(b) The President shall designate the Chair of the Committee from 
the 21 citizen members. The Chair shall preside over meetings of the 
Committee and represent the Committee on appropriate occasions. 
"Sec. 3. Functions of the Committee, (a) Consistent with subsection 
(c) of this section, the Committee shall: 

(1) provide such advice concerning intellectual disabilities as the 
President or the Secretary of Health and Human Services may request; 
and 

(2) provide advice to the President concerning the following for peo- 
ple with intellectual disabilities: 

(A) expansion of educational opportunities; 

(B) promotion of homeownership; 

(C) assurance of workplace integration; 

(D) improvement of transportation options; 

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Federal Register /Vol. 72, No. 190 /Tuesday, October 2, 2007 /Presidential Documents 56177 

(E) expansion of full access to community living; and 

(F) increasing access to assistive and universally designed tech- 
nologies. 

"(b) The Committee shall provide an annual report to the President 
through the Secretary of Health and Human Services. Such additional 
reports may be made as the President may direct or as the Committee 
may deem appropriate. 

"(c) The members shall advise the President and carry out their advi- 
sory role consistent with the requirements of the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.). 

"Sec. 4. Cooperation by Agencies. The heads of Federal departments 
and agencies shall: 

"(a) designate, when requested by the Secretary of Health and Human 
Services, an officer or employee of such department or agency to 
serve as a liaison with the Committee; and 

"(b) furnish such information and assistance to the Committee, to the 
extent permitted by law, as the Secretary of Health and Human Serv- 
ices may request to assist the Committee in performing its functions 
under this order. 

"Sec. 5. Administration, (a) The Department of Health and Human 
Services shall provide the Committee with necessary staff support, ad- 
ministrative services and facilities, and funding, to the extent per- 
mitted by law. 

"(b) Each member of the Committee, except any member who receives 
other compensation from the United States Government, may receive 
compensation for each day engaged in the work of the Committee, 
as authorized by law (5 U.S.C. 3109), and may also receive travel ex- 
penses, including per diem in lieu of subsistence, as authorized by 
law (5 U.S.C. 5701-5707), for persons employed intermittently in the 
Government service. Committee members with disabilities may be 
compensated for attendant expenses, consistent with Government pro- 
cedures and practices. 

"(c) The Secretary of Health and Human Services shall perform such 
other functions with respect to the Committee as may be required by 
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), ex- 
cept that of reporting to the Congress. 

"Sec. 6. General, (a) Nothing in this order shall be construed as sub- 
jecting any Federal agency, or any function vested by law in, or as- 
signed pursuant to law to, any Federal agency, to the authority of 
the Committee or as abrogating or restricting any such function in any 
manner. 



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56178 Federal Register/Vol. 72, No. 190/Tuesday, October 2, 2007 /Presidential Documents 

"(b) This order is not intended to, and does not, create any right or 
benefit, substantive or procedural, enforceable at law or in equity by 
any party against the United States, its departments, agencies, instru- 
mentalities, or entities, its officers or employees, or any other per- 
son.". 
Sec, 6. This order shall be effective September 30, 2007. 




THE WHITE HOUSE, 
September 28, 2007. 



IFR Doc. 07-4906 
Filed 10-1-07; 9:47 am] 
Billing code 3195-01-P 



238 



Federal Register/ Vol. 72, No. 205/ Wednesday, October 24, 2007 /Presidential Documents 60531 

Presidential Documents 



Executive Order 13449 of October 20, 2007 

Protection of Striped Bass and Red Drum Fish Populations 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, to assist in ensuring faithful execution 
of the Magnuson-Stevens Fishery Conservation and Management Act, the 
Atlantic Coastal Fisheries Cooperative Management Act, and the Atlantic 
Striped Bass Conservation Act (chapters 38, 71, and 71A of title 16, United 
States Code), and to conserve striped bass and red drum fish, it is hereby 
ordered as follows: 

Section 1. Policy. It shall be the policy of the United States to conserve 
striped bass and red drum for the recreational, economic, and environmental 
benefit of the present and future generations of Americans, based on sound 
science and in cooperation with State, territorial, local, and tribal govern- 
ments, the private sector, and others, as appropriate. 

Sec. 2. Implementation, (a) To carry out the policy set forth in section 
1, the Secretary of Commerce shall: 

(i) encourage, as appropriate, management under Federal, State, territorial, 
tribal, and local laws that supports the policy of conserving striped bass 
and red drum, including State designation as gamefish where the State 
determines appropriate under applicable law; 

(ii) revise current regulations, as appropriate, to include prohibiting the 
sale of striped bass and red drum caught within the Exclusive Economic 
Zone of the United States off the Atlantic Ocean and the Gulf of Mexico; 

(iii) periodically review the status of the striped bass and red drum popu- 
lations within waters subject to the jurisdiction of the United States and: 

(A) take such actions within the authority of the Secretary of Commerce 
as may be appropriate to carry out the policy set forth in section 1 
of this order; and 

(B) recommend to the President such actions as the Secretary may deem 
appropriate to advance the policy set forth in section 1 that are not 
within the authority of the Secretary. 

(b) Nothing in this order shall preclude or restrict the production, possession, 
or sale of striped bass or red drum fish that have been produced by aqua- 
culture. 

(c) The Secretary of Commerce shall implement subsections 2(a)(i) and (iii), 
insofar as they relate to Atlantic striped bass, jointly with the Secretary 
of the Interior, as appropriate. 

Sec. 3. Definitions. As used in this order: 

(a) "Exclusive Economic Zone of the United States" means the marine 
area of the United States as defined in Presidential Proclamation 5030 of 
March 10, 1983, with, for purposes of this order, the inner boundary of 
that zone being a line coterminous with the seaward boundary of each 
of the coastal States; 

(b) "red drum" means the species Sciaenops ocellatus; and 

(c) "striped bass" means the species Morone saxatilis. 

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60532 Federal Register/ Vol. 72, No. 205 /Wednesday, October 24, 2007 /Presidential Documents 



Sec. 4. General Provisions, (a) This order shall be implemented in a manner 
consistent with applicable law (including but not limited to interstate com- 
pacts to which the United States has consented by law, treaties and other 
international agreements to which the United States is a party, treaties 
to which the United States and an Indian tribe are parties, and laws of 
the United States conferring rights on Indian tribes) and subject to the 
availability of appropriations. 

(b) Nothing in this order shall be construed to impair or otherwise affect 
the functions of the Director of the Office of Management and Budget relating 
to budget, administrative, and legislative proposals. 

(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity by a party against 
the United States, its departments, agencies, instrumentalities, entities, offi- 
cers, employees, or agents, or any other person. 




THE WHITE HOUSE, 
October 20. 2007. 



[FR Doc. 07-5299 

Filed 10-23-07; 8:50 am] 

Billing code 3195-01-P 



240 



Federal Register 

Vol. 72, No. 220 

Thursday, November 15, 2007 



64519 



Presidential Documents 



Title 3— 

The President 



Executive Order 13450 of November 13, 2007 
Improving Government Program Performance 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including sections 305 and 306 of 
title 5, sections 1115, 1116, and 9703 of title 31, and chapter 28 of title 
39, United States Code, and to improve the effectiveness and efficiency 
of the Federal Government and promote greater accountability of that Govern- 
ment to the American people, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the Federal Government to spend 
taxpayer dollars effectively, and more effectively each year. Agencies shall 
apply taxpayer resources efficiently in a manner that maximizes the effective- 
ness of Government programs in serving the American people. 

Sec. 2. Definitions. As used in this order: 

(a) "agency" means: 

(i) an executive agency as defined in section 105 of title 5, United States 
Code, other than the Government Accountability Office; and 

(ii) the United States Postal Service and the Postal Regulatory Commission; 

(b) "agency Performance Improvement Officer" means an employee of an 
agency who is a member of the Senior Executive Service or equivalent 
service, and who is designated by the head of the agency to carry out 
the duties set forth in section 5 of this order. 

Sec. 3. Duties of Heads of Agencies. To assist in implementing the policy 
set forth in section 1 of this order, the head of each agency shall, with 
respect to each program administered in whole or in part by the agency: 

(a) approve for implementation: 

(i) clear annual and long-term goals defined by objectively measurable out- 
comes; and 

(ii) specific plans for achieving the goals, including: 

(A) assignments to specified agency personnel of: 

(1) the duties necessary to achieve the goals; and 

(2) the authority and resources necessary to fulfill such duties; 

(B) means to measure: 

(1) progress toward achievement of the goals; and 

(2) efficiency in use of resources in making that progress; and 

(C) mechanisms for ensuring continuous accountability of the specified 
agency personnel to the head of the agency for achievement of the goals 
and efficiency in use of resources in achievement of the goals; 

(b) assist the President, through the Director of the Office of Management 
and Budget (Director), in making recommendations to the Congress, including 
budget and appropriations recommendations, that are justified based on 
objective performance information and accurate estimates of the full costs 
of achieving the annual and long-term goals approved under subsection 
(a)(i) of this section; and 

(c) ensure that agency Internet websites available to the public include 
regularly updated and accurate information on the performance of the agency 
and its programs, in a readily useable and searchable form, that sets forth 
the successes, shortfalls, and challenges of each program and describes the 
agency's efforts to improve the performance of the program. 



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64520 Federal Register/Vol. 72, No. 220/Thursday, November 15, 2007 /Presidential Documents 



Sec. 4, Additional Duties of the Director of the Office of Management and 
Budget, (a) To assist in implementing the policy set forth in section 1 
of this order, the Director shall issue instructions to the heads of agencies 
concerning: 

(i) the contents, and schedule for approval, of the goals and plans required 
by section 3 of this order; and 

(ii) the availability to the public in readily accessible and comprehensible 
form on the agency's Internet website (or in the Federal Register for any 
agency that does not have such a website), of the information approved 
by the head of each agency under section 3 of this order and other information 
relating to agency performance. 

(b) Instructions issued under subsection (a) of this section shall facilitate 
compliance with applicable law, presidential guidance, and Office of Manage- 
ment and Budget circulars and shall be designed to minimize duplication 
of effort and to assist in maximizing the efficiency and effectiveness of 
agencies and their programs. 

Sec. 5. Duties of Agency Performance Improvement Officers. Subject to the 
direction of the head of the agency, each agency Performance Improvement 
Officer shall: 

(a) supervise the performance management activities of the agency, including: 

(i) development of the goals, specific plans, and estimates for which section 
3 of this order provides; and 

(ii) development of the agency's strategic plans, annual performance plans, 
and annual performance reports as required by law; 

(b) advise the head of the agency, with respect to a program administered 
in whole or in part by the agency, whether: 

(i) goals proposed for the approval of the head of the agency under section 
3(a)(i) of this order are: 

(A) sufficiently aggressive toward full achievement of the purposes of the 
program; and 

(B) realistic in light of authority and resources assigned to the specified 
agency personnel referred to in section 3(a)(ii)(A) of this order with respect 
to that program; and 

(ii) means for measurement of progress toward achievement of the goals 
are sufficiently rigorous and accurate; 

(c) convene the specified agency personnel referred to in section 3(a)(ii)(A) 
of this order, or appropriate subgroups thereof, regularly throughout each 
year to: 

(i) assess performance of each program administered in whole or in part 
by the agency; and 

(ii) consider means to improve the performance and efficiency of such 
program; 

(d) assist the head of the agency in the development emd use within the 
agency of performance measures in personnel performance appraisals, and, 
as appropriate, other agency personnel and planning processes; and 

(e) report to the head of the agency on the implementation within the 
agency of the policy set forth in section 1 of this order. 

Sec. 6. Establishment and Operation of Performance Improvement Council. 

(a) The Director shall establish, within the Office of Management and Budget 
for administrative purposes only, a Performance Improvement Council (Coun- 
cil), consistent with this order. 

(b) The Council shall consist exclusively of: 

(i) the Deputy Director for Management of the Office of Management and 
Budget, who shall serve as Chair; 

242 



Federal Register/ Vol. 72, No. 220 /Thursday, November 15, 2007 /Presidential Documents 64521 

(ii) such agency Performance Improvement Officers, as determined by the 
Chair; and 

(iii) such other full-time or permanent part-time employees of an agency, 
as determined by the Chair with the concurrence of the head of the agency 
concerned. 

(c) The Chair or the Chair's designee, in implementing subsection (d) of 
this section, shall convene and preside at the meetings of the Council, 
determine its agenda, direct its work, and establish and direct subgroups 
of the Council, as appropriate to deal with particular subject matters, that 
shall consist exclusively of members of the Council. 

(d) To assist in implementing the policy set forth in section 1 of this 
order, the Council shall: 

(i) develop and submit to the Director, or when appropriate to the President 
through the Director, at times and in such formats as the Chair may specify, 
recommendations concerning: 

(A) performance management policies and requirements; and 

(B) criteria for evaluation of program performance; 

(ii) facilitate the exchange among agencies of information on performance 
management, including strategic and annual planning and reporting, to accel- 
erate improvements in program performance; 

(iii) coordinate and monitor a continuous review by heads of agencies of 
the performance and management of all Federal programs that assesses the 
clarity of purpose, quality of strategic and performance planning and goals, 
management excellence, and results achieved for each agency's programs, 
with the results of these assessments and the evidence on which they 
are based made available to the public on or through the Internet website 
referred to in subsection (d)(iv); 

(iv) to facilitate keeping the public informed, and with such assistance 
of heads of agencies as the Director may require, develop an Internet website 
that provides the public with information on how well each agency performs 
and that serves as a comprehensive source of information on: 

(A) current program performance; and 

(B) the status of program performance plans and agency Performance and 
Accountability Reports; and 

(C) consistent with the direction of the head of the agency concerned after 
consultation with the Director, any publicly available reports by the agency's 
Inspector General concerning agency program performance; 

(v) monitor implementation by agencies of the policy set forth in section 
1 of this order and report thereon from time to time as appropriate to 
the Director, or when appropriate to the President through the Director, 
at such times and in such formats as the Chair may specify, together with 
any recommendations of the Council for more effective implementation of 
such policy; 

(vi) at the request of the head of an agency, unless the Chair declines 
the request, promptly review and provide advice on a proposed action 
by that agency to implement the policy set forth in section 1 of this order; 
and 

(vii) obtain information and advice, as appropriate, in a manner that seeks 
individual advice and does not involve collective judgment or consensus 
advice or deliberation, from: 

(A) State, local, territorial, and tribal officials; and 

(B) representatives of entities or other individuals. 

(e)(i) To the extent permitted by law, the Office of Management and Budget 
shall provide the handing and administrative support the Council needs, 
as determined by the Director, to implement this section; and 

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64522 Federal Register/ Vol. 72, No. 220 /Thursday, November 15, 2007 /Presidential Documents 

(ii) the heads of agencies shall provide, as appropriate and to the extent 
permitted by law, such information and assistance as the Chair may request 
to implement this section. 

Sec. 7. General Provisions, (a) Nothing in this order shall be construed 
to impair or otherwise affect: 

(i) authority granted by law to an agency or the head thereof; or 

(ii) functions of the Director relating to budget, administrative, or legislative 
proposals. 

(b) This order shall be implemented consistent with applicable law (including 
laws and executive orders relating to the protection of information from 
disclosure) and subject to the availability of appropriations. 

(c) In implementing this order, the Director of National Intelligence shall 
perform the functions assigned to the Director of National Intelligence by 
the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.), 
consistent with section 1018 of the Intelligence Reform and Terrorism Preven- 
tion Act (Public Law 108-458), and other applicable laws. 

(d) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity, by any party 
against the United States, its agencies, or entities, its officers, employees, 
or agents, or any other person. 



[FR Doc. 07-5726 

Filed 11-14-07; 10:44 am] 

Billing code 3195-01-P 




THE WHITE HOUSE, 
November 13. 2007. 



244 



Federal Register 

Vol. 73, No. 22 

Friday, February 1, 2008 



6417 



Presidential Documents 



Title 3— 

The President 



Executive Order 13457 of January 29, 2008 

Protecting American Taxpayers From Government Spending 
on Wasteful Earmarks 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the Federal Government to be judicious 
in the expenditure of taxpayer dollars. To ensure the proper use of taxpayer 
funds that are appropriated for Government programs and purposes, it is 
necessary that the number and cost of earmarks be reduced, that their 
origin and purposes be transparent, and that they be included in the text 
of the bills voted upon by the Congress and presented to the President. 
For appropriations laws and other legislation enacted after the date of this 
order, executive agencies should not commit, obligate, or expend funds 
on the basis of earmarks included in any non-statutory source, including 
requests in reports of committees of the Congress or other congressional 
documents, or communications from or on behalf of Members of Congress, 
or any other non-statutory source, except when required by law or when 
an agency has itself determined a project, program, activity, grant, or other 
transaction to have merit under statutory criteria or other merit-based deci- 
sionmaking. 

Sec. 2. Duties of Agency Heads, (a) With respect to all appropriations laws 
and other legislation enacted after the date of this order, the head of each 
agency shall take all necessary steps to ensure that: 

(i) agency decisions to commit, obligate, or expend funds for any earmark 
are based on the text of laws, and in particular, are not based on language 
in any report of a committee of Congress, joint explanatory statement 
of a committee of conference of the Congress, statement of managers 
concerning a bill in the Congress, or any other non-statutory statement 
or indication of views of the Congress, or a House, committee. Member, 
officer, or staff thereof; 

(ii) agency decisions to commit, obligate, or expend funds for any earmark 
are based on authorized, transparent, statutory criteria and merit-based 
decision making, in the manner set forth in section II of OMB Memorandum 
M-07-10, dated February 15, 2007, to the extent consistent with applicable 
law; and 

(iii) no oral or written communications concerning earmarks shall super- 
sede statutory criteria, competitive awards, or merit-based decisionmaking. 

(b) An agency shall not consider the views of a House, committee. Member, 
officer, or staff of the Congress with respect to commitments, obligations, 
or expenditures to carry out any earmark unless such views are in writing, 
to facilitate consideration in accordance with section 2(a)(ii) above. All 
written communications from the Congress, or a House, committee. Member, 
officer, or staff thereof, recommending that funds be committed, obligated, 
or expended on any earmark shall be made publicly available on the Internet 
by the receiving agency, not later than 30 days after receipt of such commu- 
nication, unless otherwise specifically directed by the head of the agency, 
without delegation, after consultation with the Director of the Office of 
Management and Budget, to preserve appropriate confidentiality between 
the executive and legislative branches. 



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6418 Federal Register/ Vol. 73, No. 22 /Friday, February 1, 2008 /Presidential Documents 

(c) Heads of agencies shall otherwise implement within their respective 
agencies the policy set forth in section 1 of this order, consistent with 
such instructions as the Director of the Office of Management and Budget 
may prescribe. 

(d) The head of each agency shall upon request provide to the Director 
of the Office of Management and Budget information about earmarks and 
compliance with this order. 

Sec. 3. Definitions. For purposes of this order: 

(a) The term "agency" means an executive agency as defined in section 
105 of title 5, United States Code, and the United States Postal Service 
and the Postal Regulatory Commission, but shall exclude the Government 
Accountability Office; and 

(b) the term "earmark" means funds provided by the Congress for projects, 
programs, or grants where the purported congressional direction (whether 
in statutory text, report language, or other communication) circumvents other- 
wise applicable merit-based or competitive allocation processes, or specifies 
the location or recipient, or otherwise curtails the ability of the executive 
branch to manage its statutory and constitutional responsibilities pertaining 
to the funds allocation process. 

Sec. 4. General Provisions, (a) Nothing in this order shall be construed 
to impair or otherwise affect: 

(i) authority granted by law to an agency or the head thereof; or 

(ii) functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals. 

(b) This order shall be implemented in a manner consistent with applicable 
law and subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity, by any party 
against the United States, its agencies, instrumentalities, or entities, its offi- 
cers, employees, or agents, or any other person. 




THE WHITE HOUSE, 
January 29, 2008. 



[FR Doc. 08^83 

Filed 1-31-08; 9:02 am] 

Billing code 3195-01-P 



246 



Federal Register 

Vol. 73, No. 29 

Tuesday, February 12, 2008 



8003 



Presidential Documents 



Title 3— 

The President 



Executive Order 13459 of February 7, 2008 

Improving the Coordination and Effectiveness of Youth 
Programs 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in recognition of the successful 
interagency collaboration resulting from the Helping America's Youth initia- 
tive, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the Federal Government to promote 
achievement of positive results for at-risk youth through: 

(a) enhanced collaboration among government organizations at the Federal, 
State, and local level, including with faith-based and other community organi- 
zations, as well as among families, schools, and communities, in order 
to leverage existing resources and improve outcomes; 

(b) identification and dissemination of promising strategies and practices 
that have been proven effective through rigorous evaluation; and 

(c) online publication of essential information to assist interested citizens 
and decision-makers, particularly at the community level, to plan, implement, 
and participate in effective programs for at-risk youth. 

Sec. 2. Establishment of the Interagency Working Group on Youth Programs. 
The Secretary of Health and Human Services (Secretary) shall establish 
within the Department of Health and Human Services for administrative 
purposes only, an Interagency Working Group on Youth Programs (Working 
Group), consistent with this order and reflecting the ongoing interagency 
collaboration under the Helping America's Youth initiative. 

Sec. 3. Membership and Operation of the Working Group. 

(a) The Working Group shall consist exclusively of the following members 
or their designees, who shall be full-time Federal officers or employees: 

(i) the Secretary; 

(ii) the Attorney General; 

(iii) the Secretaries of Defense, the Interior, Agriculture, Commerce, Labor, 
Housing and Urban Development, and Education; 

(iv) the Director of the Office of National Drug Control Policy; 

(v) the Chief Executive Officer of the Corporation for National and Commu- 
nity Service; and 

(vi) other officers or full-time or permanent part-time employees of the 
United States, as determined by the Secretary, with the concurrence of 
the head of the department or agency concerned. 

(b) The Secretary (or the Secretary's designee) shall serve as Chair, and 
the Attorney General (or the Attorney General's designee) shall serve as 
Vice Chair, for a period of 2 years from the date of this order. Subsequent 
Chairs and Vice Chairs shall be designated by the Secretary on a biennial 
basis. 

(c) In implementing this section, the Chair, and in the Chair's absence 
the Vice Chair, shall convene and preside at meetings of the Working Group, 
determine its agenda, direct its work, and establish and direct subgroups 
of the Working Group, as appropriate, to deal with particular subject matters, 
that shall consist exclusively of members of the Working Group or their 



247 



8004 Federal Register/ Vol. 73, No. 29 /Tuesday, February 12, 2008 /Presidential Documents 



designees. The Chair, after consultation with the Vice Chair, shall designate 
an officer or employee of one of the member departments or agencies to 
serve as the Executive Secretary of the Working Group. The Executive Sec- 
retary shall head any staff assigned to the Working Group and any subgroups 
thereof, and such staff shall consist exclusively of full-time or permanent 
part-time Federal employees. 

Sec. 4. Functions of the Working Group. Consistent with the policy set 
forth in section 1 of this order, the Working Group shall: 

(a) identify and engage key government and private or nonprofit organizations 
that can play a role in improving the coordination and effectiveness of 
programs serving and engaging youth, such as faith-based and other commu- 
nity organizations, businesses, volunteers, and other key constituencies; 

(b) develop a new Federal website on youth, built upon the Community 
Guide to Helping America's Youth, with the first phase of this website 
to be launched within 10 months of the date of this order, by: 

(i) identifying and assessing the strengths and weaknesses of existing 
Federal websites focusing on youth-serving entities in order to improve 
access to the most useful content; 

(ii) providing for training to youth-serving entities to enable effective 
use of the Federal website; 

(iii) developing additional strategies and tools and resources accessible 
through the Federal website that will help promote effective community- 
based efforts to reduce the factors that put youth at risk and the provision 
of high-quality services to at-risk youth across the country; and 

(iv) developing strategies to ensvure that the Federal website is routinely 
updated, improved, and publicized; 

(c) encourage all youth-serving Federal and State agencies, communities, 
grantees, and organizations to adopt high standards for assessing program 
results, including through the use of rigorous impact evaluations, as appro- 
priate, so that the most effective practices can be identified and replicated, 
and ineffective or duplicative programs can be eliminated or reformed; 

(d)(i) identify and promote initiatives and activities that merit strong inter- 
agency collaboration because of their potential to offer cost-effective solutions 
to achieve better results for at-risk youth, including volunteer service in 
concert with the USA Freedom Corps and mentoring in concert with the 
Federal Mentoring Council; and, 

(ii) encourage rigorous evaluations, as appropriate, of such initiatives and 
activities to ascertain their effectiveness in improving academic, employ- 
ment, social, and other individual outcomes, and make these findings 
publicly available, and 
(e) annually report to the President, through the Assistant to the President 
for Domestic Policy, on its work and on the implementation of any rec- 
ommendations arising from its work, with the first such report to be sub- 
mitted no later than 6 months after the date of this order. 

Sec. 5. Administration of the Working Group, (a) The Secretary shall, to 
the extent permitted by law, provide administrative support and funding 
for the Working Group. 

With the consent of the Secretary, other member departments or agencies 
may provide administrative support to the Working Group, to the extent 
permitted by law and consistent with their statutory authority. 

(b) The heads of executive departments and agencies shall provide, as appro- 
priate, such assistance and information as the Secretary may request to 
implement this order. 

(c) The website referred to in section 4(b) of this order shall be funded 
by contributions from executive departments and agencies to the extent 
permitted by law and consistent with their statutory authority. 

248 



Federal Register/ Vol. 73, No. 29/Tuesday, February 12, 2008 /Presidential Documents 8005 

Sec. 6. General Provisions, (a) Nothing in this order shall be construed 
to impair or otherwise affect: 

(i) authority granted by law to a department, agency, or the head thereof; 

or 

(ii) functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 
subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity, by any party 
against the United States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person. 




THE WHITE HOUSE, 
February 7, 2008. 



(FR Doc. 08-658 

Filed 2-11-08; 8:45 am] 

Billing code 3195-01-P 



249 



Federal Register 

Vol. 73. No. 79 
Wednesday, April 23, 2008 



22047 



Presidential Documents 



Title 3— 

The President 



Executive Order 13463 of April 18, 2008 
Amending Executive Orders 13389 and 13390 



(FR Doc. 08-1182 
Filed 4-22-08; 8:34 am] 
Billing code 3195-01-P 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121- 
5206), it is hereby ordered as follows: 

Section 1. Executive Order 13389 of November 1, 2005, as amended, is 
further amended: 

(a) in subsection 2(a), by striking "Economic Policy" and inserting in lieu 
thereof "Homeland Security and Counterterrorism"; and 

(b) in section 5, by striking "3 years from the date of this order" and 
inserting in lieu thereof "February 28, 2009". 

Sec. 2. Subsection 5(b) of Executive Order 13390 of November 1, 2005, 
is amended: 

(a) by striking the comma after "applicable law" and inserting "and"; and 

(b) striking "3 years from the date of this order" and inserting in lieu 
thereof "February 28, 2009". 




THE WHITE HOUSE, 
April 18. 2008. 



250 



33285 



Federal Register 

Vol. 73, No. 113 
Wednesday, June 11, 2008 

Title 3— 

The President 



Presidential Documents 



Executive Order 13465 of June 6, 2008 

Amending Executive Order 12989, as Amended 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including subsection 121(a) of title 
40 and section 301 of title 3, United States Code, and in order to take 
further steps to promote economy and efficiency in Federal Government 
procurement, it is hereby ordered as follows: 

Section 1. Executive Order 12989 of February 13, 1996, as amended, is 
further amended: 

(a) by striking the title and inserting in lieu thereof "Economy and Efficiency 
in Government Procurement Through Compliance with Certain Immigration 
and Nationality Act Provisions and Use of an Electronic Employment Eligi- 
bility Verification System"; and 

(b) by striking the material that follows the title and precedes section 1 
of the order and inserting in lieu thereof the following: 

"This order is designed to promote economy and efficiency in Federal 
Government procurement. Stability and dependability are important elements 
of economy and efficiency. A contractor whose workforce is less stable 
will be less likely to produce goods and services economically and efficiently 
than a contractor whose workforce is more stable. It is the policy of the 
executive branch to enforce fully the immigration laws of the United States, 
including the detection and removal of illegal aliens and the imposition 
of legal sanctions against employers that hire illegal aliens. Because of 
the worksite enforcement policy of the United States and the underlying 
obligation of the executive branch to enforce the immigration laws, contrac- 
tors that employ illegal aliens cannot rely on the continuing availability 
and service of those illegal workers, and such contractors inevitably will 
have a less stable and less dependable workforce than contractors that do 
not employ such persons. Where a contractor assigns illegal aliens to work 
on Federal contracts, the enforcement of Federal immigration laws imposes 
a direct risk of disruption, delay, and increased expense in Federal con- 
tracting. Such contractors are less dependable procurement sources, even 
if they do not knowingly hire or knowingly continue to employ unauthorized 
workers. 

"Contractors that adopt rigorous employment eligibility confirmation policies 
are much less likely to face immigration enforcement actions, because they 
are less likely to employ unauthorized workers, and they are therefore gen- 
erally more efficient and dependable procurement sources than contractors 
that do not employ the best available measures to verify the work eligibility 
of their workforce. It is the policy of the executive branch to use an electronic 
employment verification system because, among other reasons, it provides 
the best available means to confirm the identity and work eligibility of 
all employees that join the Federal workforce. Private employers that choose 
to contract with the Federal Government should meet the same standard. 

"I find, therefore, that adherence to the general policy of contracting only 
with providers that do not knowingly employ unauthorized alien workers 
and that have agreed to utilize an electronic employment verification system 
designated by the Secretary of Homeland Security to confirm the employment 
eligibility of their workforce will promote economy and efficiency in Federal 
procurement. 



251 



33286 Federal Register/ Vol. 73, No. 113/ Wednesday, June 11, 2008 /Presidential Documents 

"NOW, THEREFORE, to ensure the economical and efficient administration 
and completion of Federal Government contracts, and by the authority vested 
in me as President by the Constitution and the laws of the United States 
of America, including subsection 121(a) of title 40 and section 301 of title 
3, United States Code, it is hereby ordered as follows:". 

Sec. 2. Section 1 of Executive Order 12989, as amended, is further amended 
by: 

(a) striking the last sentence in subsection 1(a); and 

(b) striking subsection (b) and inserting in lieu thereof the following new 
subsections: 

"(b) It is the policy of the executive branch in procuring goods and 
services that, to ensure the economical and efficient administration and 
completion of Federal Government contracts, contracting agencies may 
not enter into contracts with employers that do not use the best available 
means to confirm the work authorization of their workforce. 

"(c) It is the policy of the executive branch to enforce fully the antidiscrimi- 
nation provisions of the INA. Nothing in this order relieves employers 
of antidiscrimination obligations under section 274B of the INA (8 U.S.C. 
1324b) or any other law. 

"(d) All discretion under this order shall be exercised consistent with 
the policies set forth in this section.". 

Sec. 3. Section 5 of Executive Order 12989, as amended, is further amended 

to read as follows: 

"Sec. 5. (a) Executive departments and agencies that enter into contracts 
shall require, as a condition of each contract, that the contractor agree 
to use an electronic employment eligibility verification system designated 
by the Secretary of Homeland Security to verify the employment eligibility 
of: (i) all persons hired during the contract term by the contractor to 
perform employment duties within the United States; and (ii) all persons 
assigned by the contractor to perform work within the United States 
on the Federal contract. 

"(b) The Secretary of Homeland Security: 
"(i) shall administer, maintain, and modify as necessary and appro- 
priate the electronic employment eligibility verification system des- 
ignated by the Secretary under subsection (a) of this section; and 
"(ii) may establish with respect to such electronic employment 
verification system: 

"(A) terms and conditions for use of the system; and 
"(B) procedures for monitoring the use, failure to use, or improper 
use of the system. 
"(c) The Secretary of Defense, the Administrator of General Services, and 
the Administrator of the National Aeronautics and Space Administration 
shall amend the Federal Acquisition Regulation to the extent necessary 
and appropriate to implement the debarment responsibility, the employ- 
ment eligibility verification responsibility, and other related responsibilities 
assigned to heads of departments and agencies under this order. 

"(d) Except to the extent otherwise specified by law or this order, the 
Secretary of Homeland Security and the Attorney General: 
"(i) shall administer and enforce this order; and 

"(ii) may, after consultation to the extent appropriate with the Sec- 
retary of Defense, the Secretary of Labor, the Administrator of General 
Services, the Administrator of the National Aeronautics and Space 
Administration, the Administrator for Federal Procurement Policy, and 
the heads of such other departments or agencies as may be appro- 
priate, issue such rules, regulations, or orders, or establish such re- 
quirements, as may be necessary and appropriate to implement this 
order.". 

252 



Federal Register/ Vol. 73, No. 113/ Wednesday, June 11, 2008 /Presidential Documents 33287 

Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by 
striking "respective agencies" and inserting in lieu thereof "respective depart- 
ments or agencies". 

Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to 

read as follows: 

"Sec. 8. (a) This order shall be implemented in a manner intended to 
minimize the burden on participants in the Federal procurement process. 

"(b) This order shall be implemented in a manner consistent with the 
protection of intelligence and law enforcement sources, methods, and 
activities from unauthorized disclosure.". 
Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to 
read as follows: 

"Sec. 9. (a) Nothing in this order shall be construed to impair or otherwise 
affect: 

(i) authority granted by law to a department or agency or the head 

thereof; or 

(ii) functions of the Director of the Office of Management and Budget 

relating to budget, administrative, or legislative proposals. 
"(b) This order shall be implemented consistent with applicable law and 
subject to the availability of appropriations. 

"(c) This order is not intended to, and does not, create any right or 

benefit, substantive or procedural, enforceable at law or in equity, by 

any party against the United States, its departments, agencies or entities, 

its officers, employees, or agents, or any other person.". 

Sec. 7. This order is not intended to, and does not, create any right or 

benefit, substantive or procedural, enforceable at law or in equity, by any 

party against the United States, its departments, agencies or entities, its 

officers, employees, or agents, or any other person. 



(FR Doc. 08-1348 

Filed 6-10-08; 11:02 am) 

Billing code 3195-01-P 




THE WHITE HOUSE. 
June 6, 2008. 



253 



Federal Register 

Vol. 73, No. 170 

Tuesday, September 2, 2008 



51209 



Presidential Documents 



Title 3— 

The President 



Executive Order 13471 of August 28, 2008 

Further Amendments To Executive Order 13285, President's 
Council On Service And Civic Participation 



[FR Doc. E8-20436 
Filed 8-29-08; 8:45 am) 
Billing code 3195-01-P 



By the authority vested in me as President by the Constitution and the 
laws of the United States, and in order to increase the membership and 
extend the duration of the President's Council on Service and Civic Participa- 
tion, it is hereby ordered that Executive Order 13285 of January 29, 2003, 
as amended, is further amended as follows: 

Section 1. Section 1 is amended by adding at the end of section 1 the 
following new subsection: "(c) To conduct and vote on official business 
during meetings, the Council must convene a quorum of at least 10 Council 
members." 

Sec. 2. Section 4(b) is amended to read: "(b) Unless further extended by 
the President, this order shall expire on June 30, 2009." 

Sec. 3. Section 4 is amended by adding at the end thereof the following 
new subsection: 

"(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity, by any party 
against the United States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person." 




THE WHITE HOUSE, 
August 28, 2008 



254 



Federal Register 

Vol. 73, No. 191 
Wednesday, October 1, 2008 



57229 



Presidential Documents 



Title 3— 

The President 



Executive Order 13474 of September 26, 2008 
Amendments to Executive Order 12962 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in order to conserve, restore, 
and enhance aquatic systems to provide for increased recreational fishing 
opportunities nationwide, it is hereby ordered as follows: 

Section 1. Executive Order 12962 of June 7, 1995, is hereby amended: 
(a) in the preamble, by striking "and the Magnuson Fishery Conservation 
and Management Act (16 U.S.C 1801-1882)" and inserting before ", and 
other pertinent statutes," the following: 

"the National Marine Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), 
the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd-ee), the National Park Service Organic Act (16 U.S.C. 1 et seq.), 
the National Historic Preservation Act (16 U.S.C. 470 et seq.), Wilderness 
Act (16 U.S.C. 1131 et seq.), the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), the Coastal Zone Management 
Act (16 U.S.C. 1451 et seq.), the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.)"; and 

(b) by redesignating subsections (d) through (i) in section 1 as subsections 
(e) through (j), respectively, and inserting after subsection (c) the following 
new subsection: 

"(d) ensuring that recreational fishing shall be managed as a sustainable 
activity in national wildlife refuges, national parks, national monuments, 
national marine sanctuaries, marine protected areas, or any other relevant 
conservation or management areas or activities under any Federal authority, 
consistent with applicable law;". 



255 



57230 Federal Register/ Vol. 73, No. 191 /Wednesday, October 1, 2008 /Presidential Documents 

Sec. 2. This order is not intended to, and does not, create any rigiit or 
benefit, substantive or procedural, enforceable at law or in equity, by any 
party against the United States, its agencies, instrumentalities, or entities, 
its officers, employees, or agents, or any other person. 




THE WHITE HOUSE, 
September 26, 2008 



IFR Doc. E8-23235 
Filed 9-30-08; 8:45 am] 
Billing code 3195-01-P 



256 



^^^^^ L(4DL0 S4SL